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rods) by land of James Russell, and South-west (41 rods 9 links) by land of Pascal Sprague, valued at

Also, a piece of land, containing five acres 45 sq. rods, comprising a part of said deceased's homestead; and bounded South-west (13 rods 16 links) West (27 rods 6 links), North (7 rods 9 links), and North-west (19 rods 10 links) by lands of William Winneck; North-east (22 rods 11 links) by land assigned Anna W. Cutter's Heirs; and South-east (47 rods 13 links) by the highway to Medford; valued at the sum of

Also.-A piece of land containing 126 sq. rods, the southerly portion of the Mill Orchard, so called, bounded East (8 rods 12 links) by the highway leading to Woburn, North (14 rods 3 links) by land assigned to the heirs of Anna W. Cutter; West (8 rods) by land of B. and S. L. Cutter, and South (16 rods 2 links) by land of B. and S. L. Cutter, to the highway first mentioned, and valued at

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Also,-A woodlot, containing 34 acres, situated in the North-east part of Lexington, bounded East by land of Benj. Wyman, North and South by lands of Thaddeus Munroe, and West by land of Isaac Reed, valued at

$1,551.00

$489.00

$150.00

$60.00

The total amount of the moiety of the heirs at law of the said Benjamin, $2,250.00

We set off to the heirs of Anna W. Cutter

The Dwelling House, Barn and other out-buildings, together with nine acres 33 sq. rods of land about them, and bounded North and East by Medford Pond and River; South East (36 rods) by highway; South west (22 rods 11 links) by land of B. Cutter's heirs; and North west (22 r. 7 1.) by land of `Wm. Winneck to the pond, and valued at

Also,-The lot of land, containing 24 sq. rods, bounded east (3 r. 10 1.) and South (8 r. 8 1.) by land of B. and S. L. Cutter; West by Albert Winn, and North by highway, and valued at

Also,-The Northerly part of the Mill Orchard containing one acre and 71 sq. rods, and bounded North (14 rods 15 1.) and East (15 r. 22 1.) by highways to Woburn; South (18 r. 121.) by B. Cutter's Heirs and B. and S. L. Cutter; and West (12 r. 23 1.) by B. and S. L. Cutter, valued

$1,875.00

63.00

$312.00

$2,250.00

The total amount of the moiety of the heirs of Anna W. Cutter, To have and to hold the several parcels of land in severalty to the said Benjamin Cutter's Heirs and the said Anna W. Cutter's Heirs respectively, with all the rights and privileges appertaining to each several parcel of property, to their heirs and assigns forever.

Thus having made the division of the estate into two equal parts, we proceed according to our instructions, to subdivide and assign the several parcels of land agreeably to the desires and agreement of the heirs and their representatives. Accordingly we assign and set off to Elisha Wyeth, Joshua Wyeth, Francis Wyeth, George Wyeth, Henry Wyeth, Eliza King, Harriet Wyeth, Polly Wyeth, Fanny Wyeth, William, Nelson and Amanda Wyeth, the Heirs of Joshua Wyeth, late of Cincinnati, Ohio, deceased brother of the aforesaid Anna W. Cutter, to those legitimate children of his who were living at the 16th day of April, A.D. 1842-The lot of land near B. and S. L. Cuter's Mill pond, containing 24 sq. rods, bounded north (8 r. 111.) by a highway; East (3 r. 10 1.) and South (8 r. 81.) by land of B. and S. L. Cutter, and West (2 r. 8 1.) by Albert Winn, and valued at

Also, We set off to them the northerly part of the Mill Orchard, containing one acre 71 sq. rods, bounded North (14 r. 151.) and East (15 r. 22 1.) by highways to Woburn; South (14 r. 31.) by land of Josh. Cutter's Heirs, and (4 r. 91.) by land of B. and S. L. Cutter, and West (13 rods) by land of B. and S. L. Cutter, valued at

Together amounting to the sum of

$63.00

$312.00

$375.00

This being the full share of the above named children and Heirs of Joshua Wyeth, late of Cincinnati.

We assign to Jonas Wyeth of Cambridge, Mass., Yeoman, one of the heirs of the aforesaid Anna W. Cutter, The Dwelling House, Barn, and other outbuildings of the late Benj. Cutter, together with nine acres 33 sq. rods of land about them and

on which they stand, bounded North and East by Medford Pond and River, Southeast (36 rods) by highway to Medford; South-west (22 r. 11 1.) by land assigned to the heirs of B. Cutter aforesaid, and North West (22 r. 7 1.) by land of Wm. Winneck, valued at the sum of $1,875.00, the same being incapable of division without great injury and prejudice to the value of said property and the interest of the heirs.

He the said Jonas Wyeth of Cambridge aforesaid, yeoman, shall pay

to Jacob Wyeth of Cambridge
"Gad Wyeth of McLean, O.

"John Wyeth of Philadelphia, P.

$375.00
375.00

375.00

"Joseph Wyeth of Chelsea

Stephen Wyeth of Irving's Grant

75.00

75.00

"Wa Mary Bellows, Boston

"Catherine, w. of Jaleel Baker, Lincoln

"Lucy, w. of Calvin Hodgman, Madison, Ill.

"John Wyeth, Cambridge

"Elizabeth Wyeth,

75.00

75.00

75.00

41.66

66

41.67

"Mary Wyeth,

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41.67

Francis Wyeth,

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"Joseph Wyeth,

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Susan, w. of Oren Willard, Ashburnham

41.67

66

Nancy, w. of R. C. Hastings, Boston

41.67

"Harriet, w. of Reuben Winslow, Roxbury

41.67

Said Jonas Wyeth's own Share

41.66

1,875.00

To have and to hold the several parcels of property to the said heirs of Joshua Wyeth, late of Cincinnati, and to the aforesaid Jonas Wyeth of Cambridge in severalty, with all the rights and privileges appertaining to each parcel of land severally, to them and their heirs and assigns forever.

We assign and set off to Joshua Cutter, Frederic T. Cutter, Caroline A. Lewis, Sarah M. Stratton, Charles T. Hobbs, William H. Hobbs, and James Hobbs, children and Heirs of Joshua Cutter, brother and one of the heirs of the late B. Cutter of Charlestown, A piece of land containing 126 sq. rods, the southerly part of the Mill Orchard, and bounded east (8 r. 12 1.) by Woburn road; North (14 r. 31.) by land of Joshua Wyeth's Heirs; West (8 r.) and South (16 r. 21.) by land of B. and S. L. Cutter, valued at $150.00. We further subdivide this piece of land among Joshua Cutter's Heirs, and assign one fifth of this land, bounding North (14 r. 31.) on Josh. Wyeth's heirs; West (25 1.) on B. and S. L. Cutter; East (50 1.) on Woburn road; and South by land of the other Heirs of Joshua Cutter; and the other four-fifths of this land, bounded West (7 r.) and South (16 r. 21.) by B. and S. L. Cutter; East (6 r. 121.) by Woburn Road, and North (14 r.) by Josh. Cutter; we assign to Frederic T. Cutter, Caroline A. Lewis and Sarah M. Stratton, their heirs and assigns, they paying to Chas. T. Hobbs, Wm. H. Hobbs and James Hobbs, minor children of their sister Ann Hobbs, deceased, the sum of which, with the said Joshua, F. Trenck, Caroline A. and Sarah M.'s

4 shares, valued at

makes the full share of Joshua Cutter's Heirs

$30.00

120.00

$150.00

We assign to Benjamin Cutter of Woburn, Physician, that piece of land containing 15 acres 106 sq. rods, bounded North West and North (78 rods) from Sprague's corner to Medford river, by the Highway; East on Medford river (38 r. 41.) and James Russell's land (59 rods); Southwest by Pascal Sprague's land (41 r. 91.) to the highway aforesaid, which we value at

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Also,-A piece of land, the South-west part of the homestead, containing five acres 45 sq. rods; bounded South-west, West, North and North west by lands of Wm. Winneck (67 r. 16 1.); North-east (22 r. 11 1.) by land of Wyeth heirs, and South-cast (47 r. 13 1.) by the highway to Medford, and valued at

Also,-The woodlot in Lexington, containing 34 acres, and bounded East by land of Benjamin Wyman, North and South by lands of Thaddeus Munroe and West by land of Isaac Reed, valued at

$1,551.00

$489.00

$60.00

making the total valuation of land assigned to Benj. Cutter amount to

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and the same being incapable of division among the numerous heirs without great injury and damage to the interest of said heirs. And he the said Benjamin shall pay to John Cutter of West Cambridge for himself and as assignee

of Abijah Cutter of Do.

and Charity E. Blood of Lowell
To Aaron Dickson, of West Cambridge
"Hannah T. Underwood, of Somerville
"Abijah C. Stevens, of Hudson, N. Y.
"Rachel T. Stevens, Lowell, Mass.

and Eliza A. D. Stevens, of Boston, Mass.

$75.00

15.00

15.00

15.00

15.00

15.00

They being the heirs at law of the share of their grandfather John Cutter, whose share in the estate of his brother Benjamin Cutter, late of Charlestown, is $150.00. He shall pay to the heirs of Ammi Cutter, late of Charlestown, and brother to the said deceased Benjamin Cutter, as follows:

To Ammi Cutter, of Charlestown

"Charlotte, w. of Sol. B. Morse, of Boston
"Emily, w. of Levi Ingols, of Boston
"The Heirs of Edward Cutter, late of Boston, viz.,
Almena D. Brodhead, Edward W. Cutter, Cor-
nelia T. Cutter, George F. Cutter, Esther L.
Jones, John A. B. Cutter, Charles S. Cutter,
and Mary J. Cutter, to each $3.12, making
"The heirs of Esther W. Lombard, of West Cam-
bridge, viz., Ammi C. Lombard, N. K. Lom-
bard, Jr., Esther W. Lombard, Ephraim Lom-
bard, Geo. Lombard, Mehitable Norcross, Mary
S. Lombard, Augustus and Levi I. Lombard, to
each $2.77, making
"The heirs of Harriet Cheever, of Boston, viz., Car-
oline C. Butler, Joshua Cheever, Emily C.
Cheever, Almena C. Cheever, Mary Cheever,
Ammi C. Cheever, Thos. P. Cheever, and Eph.
L. Cheever, to each the sum of $3.124, making

$25.00
25.00

25.00

25.00

25.00

25.00

[$150.00

150.00

said deceased Ammi Cutter's Heirs' full share, He shall pay to the Heirs of James Cutter, late of West Cambridge,

as follows:

To Cyrus Cutter, of West Cambridge
"Anna, w. of Edward L. Dennis, Brooklyn, N. Y.
"Mahala, w. of Wm. Winneck, W. Cambridge
"Maria, w. of Leonard Cutler, Lexington, Mass.

$30.00

30.00

30.00

30.00

and Ella, w. of J. Broadwell, Dayton, O.

30.00

said deceased James Cutter's Heirs' full share

150.00

150.00

He shall pay to the Heirs of Lydia, late wife of Jonathan Teel, late of Charlestown, viz., as follows:

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He shall pay to the Heirs of Ephraim Cutter, late of West Cambridge, viz. :

66

"Eliza A. Whittemore, of West Cambridge
"Ephraim Cutter, jr.'s Heirs, viz., Sarah A. Barrell,
Ephr'm Cutter, C. R. Cutter, and C. C. Cutter,
each $6.25

25.00

$25.00
25.00

25.00

To Ammi Cutter's Heirs, viz. Lucy T. Winn, Ammi
Cutter, Amanda T., Deborah L., and E. A. W.
Cutter, to each $5

which with Benj. Cutter's own share

25.00

25.00

makes the heirs' of Ephraim Cutter full share

150.00

150.00

He shall pay to the heirs of Esther R., w. of Eben'r Hall, late of West

Cambridge, viz. :

To Isaac Hall, of West Cambridge
"Thomas Hall, of West Cambridge

"Hannah, w. of Cyrus Cutter, of W. Cambridge
"Ammi Hall, of Lexington

18.75

18.75

18.75

18.75

"Wd Sally Prentiss, of Waltham

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Abigail, w. of Moody Hawkes, Clinton, N. Y. "Esther Hall, of Lowell, Mass.

18.75

18.75

18.75

"Esther Russell's Heirs, viz., Jeremiah R., Sarah H.

Cutter, John A., Benj. F., Maria L. and J. Sulli-
van Russell, to each $3.12

said deceased Esther R. Hall's Heirs' full share

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He shall pay to Jonas Cutter, of Cambridge, his share
"Frances, w. of Walter Russell, her share
"Abigail, w. of Calvin Howe, her share
Rebekah, w. of B. B. Foster, her share
To Willis Buckman, Assignee of Simon Cutter's share
"Walter Russell, 66 "Abiel Cutter's share
"Artemas Cutter, of Malden, his share

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"The Heirs of Hannah Gibson, late of Ashby, Mass., viz., to Thomas D. Gibson, Eveline Wood, Elmira Fowler, Hannah Wilkins, Relief Fellows, Malvina Bristol, Jerome, Rosella and A. C. Gibson, to each $16.66

150.00

$2,100.00

To Have and to Hold the several parcels of land in severalty to the aforesaid heirs of Joshua Cutter and to the said Benjamin Cutter of Woburn, respectively, with all the rights and privileges appertaining to each several parcel to their heirs and assigns forever.

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Having examined the foregoing report, and it appearing that the Commissioners were duly sworn, and that guardians were first appointed to the minor heirs, and an agent to represent and act for the heirs out of the Commonwealth, and that all persons interested were duly notified, and by themselves, Guardians or Agents, have certified their consent to the whole proceedings in the premises, and it appearing that the partition and division of said Real estate between the heirs of Benjamin Cutter, the testator and the heirs of the said Anna Cutter, his late wife now deceased, is just and equal, according to the terms of the devise in the will of the said testator, it is decreed that the same be established and held firm and stable forever. And it further appearing that that part of said real estate therein set to the heirs of Benj. Cutter cannot be equally divided among his heirs or their assigns so as to give each one an equal share in land without great inconvenience to the owners, and that those to whom more is assigned in said report than an equal share, are willing to accept the same, and it further appearing that the money therein awarded to be paid

to make the partition just and equal, has well and truly been paid and accepted, it is decreed that the several parcels of real estate therein set to part of the heirs of said Benjamin Cutter be and the same are hereby assigned to them to hold to them and their respective heirs and assigns in the manner therein set forth.

And it further appearing that that part of the said real estate therein set to the heirs of Anna W. Cutter cannot be equally divided among her heirs so as to give to each one an equal share in land without great inconvenience to the owners, and that Jonas Wyeth, to whom more is assigned in said report than an equal share, is willing to accept the same, and it further appearing that the money therein awarded to be paid to make the partition just and equal, has well and truly been paid and accepted, it is decreed that the several parcels of real estate therein set to part of the heirs of said Anna W. Cutter be and the same are hereby assigned to them to hold to them and their respective heirs and assigns in the manner therein set forth. And it is ordered that the same be recorded. S. P. P. FAY, J. Prob.

We, the undersigned, heirs of Benjamin and Anna W. Cutter, having examined the appraisement and division of the estate of the said Benjamin Cutter, do hereby give our full approval of and consent to the same; and do acknowledge the receipt of the sum awarded to each one in full of our respective shares in said estate.

Isaac Hall; Thomas Hall; John Cutter for himself, Abijah and Charity; Samuel L. Cutter; Nathaniel J. Wyeth, attorney for John Wyeth; Jacob Wyeth; Amos Locke, acting for and representing Josh. Cutter and Joshua Wyeth's heirs, all out of the Commonwealth; N. K. Lombard, guardian to Mary, Augustus and Levi I. Lombard, and attorney for Joshua Cheever; Almena C. Brodhead; Geo. F. Cutter; Ruth Cutter, guardian to John A. B. Cutter, Charles S. Cutter and Mary J. Cutter; Cornelia T. Cutter; Esther L. Jones; Walter Russell; Frances Russell; Walter Russell, assignee to Abiel Cutter, Jona, and A. C. Teel; Cyrus Cutter, and as attorney for Mahala C. Winneck, Maria Cutler and Hannah Cutter; George A. Lewis, guardian to Chas. A. Hobbs, Wm. H. Hobbs and James Hobbs; Willis Buckman, assignee of Simon Cutter; Benjamin Cutter, attorney for Edward W. Cutter; do. for Ammi C. Lombard, and guardian to Ammi C. Cheever, Ephraim Lombard, George Lombard, Esther W. Lombard, Caroline C. Butler, Samuel W. Hall, guardian of Almena C. Cheever, Thomas P. Cheever, Mary Cheever and Ephraim L. Cheever; Emily C. Cheever; do. for N. K. Lombard, Jr.; Hitty L. Norcross; Ammi Cutter; Emily C. Ingols, Levi Ingols, Charlotte C. Morse, Sol. B. Morse, Joseph Teel, Benj. C. Teel, Lydia Gardner, Miles Gardner, Mary Frost, Aaron Dickson, Thomas Teel, Hannah H. Underwood, Rachel T. Stevens; Eliza A. D. Stevens; Abijah C. Stevens, Anna Dennis, Edward S. Dennis, Ella M. Broadwell, Josiah S. Broadwell, Jonas Cutter, Anna Tufts, Eliza A. Whittemore, Henry Whittemore, Benjamin Cutter, do. for Sarah A. Barrell, L. L. Barrell, do. guardian of C. C. Cutter; do. for Sarah H. Cutter, B. F. Cutter, Eph'm Cutter, Joseph Harris, guardian to Chas. R. Cutter, Eveline Wood, George Wood, Lucy T. Winn, Samuel F. Winn, Lucy T. Cutter, guardian to Ammi Cutter, Amanda T. Cutter, Deborah L. Cutter and E. A. W. Cutter; do. for Ammi Hall, John A. Russell, Jeremiali Russell, for self and guardian to Maria L. Russell, Sarah C. Prentiss, Benj. F. Russell, J. Sullivan Russell, Abigail Hawkes, Moody Hawkes; Rebecca Hall, guardian to Esther Hall; Ruth Swan, Reuben Swan; Elmira Fowler, É. F. Fowler, Hannah E. Wilkins, Joseph E. Wilkins; Relief Fellows, John Fellows; Malvina Bristol, A. P. Bristol; Thomas D. Gibson; Benjamin Cutter, guardian to Jerome S. Gibson, Rosella Gibson and A. C. Gibson; Benjamin Cutter, assignee of Artemas Cutter, Frederic T. Cutter, Caroline A. Lewis, George A. Lewis, Sarah M. Stratton, Francis D. Stratton; do. attorney for Jonas Wyeth, John Wyeth, Harriet Winslow, Reuben Winslow; Joseph Wyeth, Catherine W. Baker, Jaleel Baker; Nancy Hastings, Richard C. Hastings, Francis Wyeth, Mary Wyeth, Elizabeth Wyeth; Abigail Howe, Calvin Howe; Rebekah Foster, B. B. Foster; Mary Bellows; Stephen Wyeth, Joseph Wyeth; Gad Wyeth; Susan W. Willard, Oren Willard; Lucy Hodgman, Calvin Hodgman.

Letter of Agency to Dr. Benjamin Cutter.

WEST CAMBRIDGE, MAY 5, 1842.

WE, the Subscribers, Heirs, and interested in the estate of Benjamin Cutter, late of West Cambridge, deceased, desirous of having said estate settled, hereby request that Benjamin Cutter, of Woburn, Physician, should act as agent for the Heirs, to attend to the settlement of said estate in the shortest time and best legal manner.

(Signed)

Jonas Cutter, Walter Russell, Jonathan Teel, Isaac Hall, Artemas Cutter, Thomas D. Gibson (by Artemas Cutter), Abiel Cutter, Caroline A. Lewis (and for Sarah M. Stratton), Nathan' J. Wyeth (for Jacob Wyeth and John Wyeth, Sen.), John Wyeth and Jonas Wyeth, (for the heirs of Jonas Wyeth, deceased), Natha'l K. Lombard (for the heirs of Ammi Cutter, deceased), Anna Tufts, Cyrus Cutter, Sam'l L. Cutter, Aaron Dickson, Joseph Wyeth.

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