The Identity of Mary Todd Hutton’s Father

The Identity of Mary (Hutton) McMurtry’s Father

By Richard K. McMurtry

May 2003, revised Dec 2005, May 2007

For over 100 years, family historians have puzzled over the family traditions that claimed various relationships between the Todd, Hutton and McMurtry families of colonial Augusta County, Virginia. (the portion of Augusta that later became Botetourt and Rockbridge Counties). The following essay focuses on the tradition that Mary (Hutton) McMurtry’s father was James Hutton and shows that available evidence suggests that her father was Samuel Hutton, not James Hutton. Mary has traditionally been referred to as Mary Todd Hutton, but I am using Mary (Hutton) McMurtry to distinguish her from her mother Mary (Todd) Hutton.

Background

The subject of this investigation is the family of Mary (Hutton) McMurtry who married Capt John McMurtry about 1770 in Virginia and came to Kentucky in 1780.

Capt. John may have been born in Ireland, New Jersey, or Pennsylvania about 1738. His father Alexander McMurtry died when John was a boy. John’s mother Sarah McMurtry was a widow with children when she entered into a marriage contract with James Young who lived at the mouth of Whistle Creek on the James River in Augusta County, Virginia (VA) in 1751. In 1759, John and his brother Samuel bought land on Whistle Creek, just upstream from James Young’s land. Upstream from John and Samuel’s land was land that Samuel Todd bought in 1762.

The family tradition of Myra McMurtry, granddaughter of Capt John McMurtry, was that John’s wife was a Mary Hutton, daughter of Mary Todd. Mary Hutton was reported to have been born about 1752, so the marriage of Mary Todd to Mr. Hutton would have been about 1750.

At this time, living on a branch of Buffalo Creek, just over the ridge from Whistle Creek was William Todd, father of Mary Todd b 1728, and two brothers James and Samuel Hutton.

Origins of the tradition that James Hutton was the father of Mary (Hutton) McMurtry.

The idea that James Hutton was the father of Mary (Hutton) McMurtry may have come from Dr. S.S. Todd, a Todd family historian, and not from family knowledge passed down through the McMurtrys. In the family tradition of Myra McMurtry (1826-1914) of New Albany, Indiana, a granddaughter of Capt. John McMurtry of Virginia and Kentucky (d 1790 Harmar’s Defeat), it was claimed that John McMurtry’s wife Mary was born a Hutton, that Mary Hutton’s mother was a Todd, and that Mary and John were cousins. Initially, there was no knowledge in that tradition of the name of Mary Hutton’s father. Later in letters to Myra and her cousin John McMurtry from Dr. Seymour Simeon Todd between 1886 and 1895, she was told that James Hutton was Mary Hutton’s father. Based on these sources, she included this information in her published history in 1907.

How did Dr. Todd come to this conclusion? It appears that Dr. Todd had available to him a source that included partial abstracts of Augusta and Bedford County, VA records. This source did not have available the every name index to Augusta County, VA records published by Lyman Chalkley in 1916, 20-30 years after Dr. Todd had done his research. They did not know about some of the obscure references in the text of some of the county documents. They did seem to have available to them a listing of county records of the McMurtrys and Todds that must have come directly or indirectly from the regular indexes to deeds and probate records in the court house.

This series of records included (1) Sarah McMurtry’s marriage to James Young 1751, (2) Samuel and John McMurtry’s purchase of land in 1759, (3) James and Joseph McMurtry’s court record in 1754 in Bedford county, and (4) Joseph McMurtry’s 1759 marriage to Susannah Patton. It is easy to see how early historians could jump to the conclusion that these five McMurtrys were all siblings because the marriage and land purchases were all about the same time and because they happened in the same region. However, it is now known that John and Samuel were brothers, that James and Joseph were brothers but of a different family, and that Sarah was a McMurtry by marriage, not by birth, and she was the mother of Samuel and John, not a sibling.

A similar lack of data and a similar partial abstract of Augusta County records may have led to the conclusion that James Hutton was the father of Mary. In the same set of records as was used to deduce the alleged McMurtry connections, the only Hutton mentioned was James Hutton. The references to James were in the land records including the 1765 sale of land by James and Ally Hutton. The early researchers may not have known about James’ brother, Samuel Hutton. This brotherly record was hidden in an obscure court document and didn’t come to light until Chalkley’s book provided an every-name index. When they attempted to discern the father of Mary Hutton, they probably concluded that her father was James, because that is the only Hutton they found in the county records.

Chalkley’s 1916 books of Augusta County records included an every-name index which enabled present researchers to find a reference to a legal action in which Samuel Hutton is identified as living with his brother James Hutton in the “Forks of James” in the 1760s[i] Samuel was living with his brother and his name has not been found in the land records to which the early researchers had access.

Kentucky Evidence

The records of Kentucky reveal the presence of the family of Samuel Hutton, not James and Ally Hutton. This Samuel Hutton is the right age to be the father of Mary Hutton. The only James Hutton who appears is too young (born 1760) to be Mary’s father.

One would expect Mary’s father’s name to appear in the Kentucky records since he is mentioned in her husband John McMurtry’s wills in 1780 and 1790.[ii] Both wills mentioned the allocation of land at the southeast corner of his land grant to his father-in-law.

If a synthesis is made of the available documentary evidence, a picture emerges of the family of Samuel Hutton. He came to Kentucky in 1780 with his sons and daughters. In 1780, he entered land on the Kentucky River about two miles north of where the McMurtrys settled, but in those early years he appears to have been associated with McMurtry’s Station. Two of his sons were witnesses to John McMurtry’s first will in 1780. Another son married there in 1784.

Samuel Hutton had 200 acres surveyed on Sept 11/17 1783 and then on Sept 22 conveyed all his rights to the land to James Gordon. This land was “about two miles above the mouth of Shawnee Run” (present day Shaker Creek) and hence would be just east of the lands of the McMurtrys.

Samuel and three of his sons settled along the Kentucky River and along Bensom and Hamond’s Creek in the portion of Mercer County that became Franklin County in 1795 and Anderson County in 1827.

Samuel Hutton appears to have had the following children: Mary b ca 1752, James b 1760, Samuel, Joseph, Henry, John, and Hester[iii]. (Need to look at census records to get dates)

(There is a William Hutton b 1755 who remained in Rockbridge County, married Martha Gilmore and had Alexander 1775, William 1777, and John 1779. This family has not been researched yet, but may not be related at all.)

The family moved about but most of them were in Franklin County. Some of the family may have gone to Fayette County briefly. James appears on a Fayette County tax list in 1790 but bought land in Mercer County the same year and by 1795 is shown in Franklin County. Henry was in Fayette County in 1790, but was in Madison County by 1795. Samuel, Sr., Samuel, Jr., Joseph and James all appear on the Franklin County Tax lists through 1796 to 1801. Only one Samuel appears after 1801 suggesting that Samuel Sr may have moved or died shortly thereafter, though no record of his death has been found. James and Henry have military records for the Revolutionary War based on their service in Kentucky. James, Samuel and Hester were all married in the 1790s.

The principal evidence is:

1) Hester Hutton married Timothy Mayhall on June 4, 1794 in Mercer County, KY with “consent of Samuel Hutton for his daughter” and Joseph Hutton as surety and witness.[iv] This shows that there is in Mercer County in 1794 a Samuel Hutton old enough to have a daughter born 1764-1774, assuming she married between the ages of 20 and 30.

2) Henry Hutton married Hannah LNU (last name unknown) in 1784 in Mercer County.[v] Samuel Hutton married Nancy Baker Sept 17, 1793 in Mercer County.[vi] James Hutton married Hannah Woods in Fayette County in (get date) [vii] Jonathan Hutton married Susanna Watkins in Franklin County on Apr 21, 1803.[viii] Mary Hutton was born ca 1752 according to family tradition and married ca 1770 in Rockbridge Co, VA. James Hutton was born in 1760. It is possible these were all siblings and children of Samuel Hutton, Sr. born between 1752 and 1773. Hester would have been born around 1768-1773 (assuming 20-25 years old at marriage) and Samuel would have had to be born between 1753 (assuming 20 years between birth and marriage) and 1733 (assuming 30 years between birth and marriage). Jonathan was born 1780-1785 according to the census records and may have been a son of one of the older brothers.

3) Tax Lists for Mercer County show a James Hutton, Joseph Hutton, Samuel Hutton and a Samuel Hutton, Jr.[ix] The presence of “Jr.” suggests the two Samuels were father and son.

4) Tax Lists for Franklin County, KY show two Samuel Huttons during the following years:

1796: Samuel Hutton, Samuel Hutton, Joseph Hutton, and James Hutton

1797: Saml Hutton, Sr, Sam’l Hutton, Joseph Hutton, James Hutton

1801: Sam’l Hutton Sr., Samuel Hutton, Joseph Hutton, James Hutton,

Jonathan Hutton,

1802: Samuel Hutton, Samuel Hutton, Jr, Joseph Hutton[x]

5) James Hutton’s Revolutionary War pension record indicates he was born in Augusta County, VA in 1760 and came to Kentucky in 1780.[xi]

6) Henry Hutton’s pension record indicates his brother was James Hutton and that Henry was married at McMurtry’s Station in 1784.[xii]

7) Neither the 1795 tax lists for Kentucky nor the 1800 census shows any other James Huttons in Kentucky during this period. There are other Hutton families: Alexander Hutton from Rockbridge County (not related to the Huttons of Augusta Co) who is in Boone County in 1800; Charles and George Hutton from Pennsylvania in Mason County in 1795; Benjamin Hutton from Pennsylvania in Fayette county in 1795 and Fleming County in 1800; and Thomas Hutton in Fleming County in 1800. But there is no James shown.

Based on this evidence, it may be concluded that Samuel Hutton, Sr. probably was the father of Mary Hutton and the father-in-law of John McMurtry.

Below are additional details of the life of the Huttons in Kentucky.

Samuel Hutton entered 200 acres of land in July 1780 about two miles above the mouth of Shawnee Run (which was the creek where the McMurtrys settled in 1780.)[xiii]
John Arnold sold James Hutton some land in 1790 in Mercer County. [xiv]
Henry Miller established a ferry on the Kentucky River. James Hutton along with James McCoun, James Ledgerwood, and James McBrayer were summoned by the court because the court had appointed people to view the ways for a road to lead from Miller’s and from Kirkham’s ferries and they reported that the road would pass over the lands of the summoned.
In 1791, when Mary McMurtry was granted administration of the will of her husband John McMurtry; James Hutton was named as a surety.[xv]
Indenture from James Robinson to Samuel Hutton, Jr.[xvi]
The Huttons agreed to have the road run through their property. The road led from Millers Ferry on the Kentucky River into the road leading from Harrodsburg to Brashears Creek. Those affected were Henry Miller, James Hutton, Samuel Hutton, James Ledgerwood, James McBrayer, and John Arnold.[xvii]
The Court ordered that Samuel Hutton, James Arnold and others view the road from the Ferry to the forks of Bensons “where the road now crosses that leads to Shelby”.[xviii]
Will of James Hutton in Anderson County, KY 1832: beloved wife Hannah Hutton to possess and enjoy the whole of my estate of whatever description during her natural life or widowhood and that my Executors hereafter named see there is no waste and that it be so managed as shall be most for her benefit; daughter Elizabeth Reed, formerly Elizabeth Miller, at present resident of Ohio, having been heretofore fitted off with her portion (except one hundred dollars which I intend to have given her at my death. . Elizabeth shall have at the death or marriage of my wife Hannah, only twenty dollars because her two children Jane Miller and James H. Miller have lived with and been raised by me, for four years in which time I have been at the expense of schooling them; to my two grandchildren Jane Miller and James H Miller I give at the death or marriage of my wife Hannah forty dollars; to my daughter Sarah Mastin and her heirs I give at the death or marriage of my Hannah, one equal third part of such of my estate as shall remain after paying the legacies..; my son Henry Hutton at present resident of Ohio, having left me, or been put out by me to learn a trade before he rendered me such services and assistance as usual for sons to do ..From my having advanced one hundred dollars as a part of two hundred dollars which he paid to procure his freedom fro apprenticeship, ..my having paid three hundred and twenty dollars in cash. I consider to have received a full portion of my estate; to my daughter Mary Swingle..I give at the death or marriage of my wife Hannah an equal third part of such of my estate as shall remain; to my daughter Nancy Brown resident of Missouri. One equal third part of … at the death of my wife Hannah, the whole of estate be sold to highest bidder and the proceeds after paying the special legacies herein provided to my daughter Elizabeth Reed and my grandchildren Jane Miller and James H. Miller be equally divided between my daughters Sarah Mastin, Mary Swingle and Nancy Brown. My son Henry Hutton having in my judgment received his portion. If either of my sons in law at the sale of my estate a should feel so disposed it is my wish that by being the highest bidder, such son in law should become the purchaser of the tract of land on which I at present reside and pay to the other daughters their portions as directed in this will.; appoint my son and laws John G. Mastin; John Swingle, and Jeremiah Buckley executors. 23 Jan 1832.[xix]
Indenture 24 Feb 1796 Samuel Hutton (sells to) William Robeson..Franklin Co..for 50 pounds tract of 25 acres, County of Franklin on waters of the south fork of Bensons Big Creek. Beginning at corner to Joseph Hutton..Robison line, [xx]
Indenture 13 Jan 1798 ..Samuel Hutton of Franklin (to) William Robinson ..130 pounds..100 acres..Franklin County waters of the south fork of Bensons Big Creek. Beginning at corner to Joseph Hutton. Signed Samuel and Nancy Hutton[xxi]
Indenture 22 May 1805 James Hutton and Hanah his wife (to) Henry Miller..20 acres..south side of Kentucky River[xxii]
Indenture 22 May 1798 James Hutton and Hanah his wife of Franklin County (to) John Armstrong ..70 pounds..70 acres . south side of Kentucky river [xxiii]
Indenture 30 March 1808 Samuel Hutton of Franklin County (to) Jonathan Stout ..37 pounds..waters of Hammonds Creek..37-1/2 acres. Signed Samuel Hutton[xxiv]
Indenture 30 July 1810 Samuel Hutton and Nancy his wife (to) Peter Carr …one dollar..waters of Hammonds Creek, Franklin County.. 50 acres being the same land bequeathed to sd Hutton by Robert Baker deceased. Signed Samuel Hutton, Nancy Hutton.[xxv]
Indenture 13 Jan 1817..Samuel Hutton and Nancy his wife of Franklin co, and Phillip White..1600 dollars..waters of Hammonds Creek. 107 acres..being a part of Jacob Coffman Registered Settlement. .. east side of the Harrodsburg road, [xxvi]
Indenture 12 Feb 1819 James Hutton and Hannah his wife of Franklin and Abraham Cofer..1600 dollars100 acres..on bend of Kentucky River on the south sidebeing a part of Ledgerwoods and McCown’s surveys..beginning corner Isaac Ruddle. [xxvii]

Additional Documentation

Pension Record of James Hutton

Name: HUTTON, JAMES SR.

Pension #: S31147

State: VA

Age: 72

Ap. Date: 1832

HUTTON, JAMES, SR.: He was in the militia of Va serving totally in Kentucky

against the Indians, Ensign.. I came to Kentucky settled at McGary's Station and

in the spring of 1781, I became a guard and Indian Spy in the Va Militia ..

first stated at Shawnee Run then at Arnold's station then at Denton's station ..

marched with General George Rogers Clark against the Indians at Piqua on the Big

Miami. He adds a further deposition 21 Feb 1833 in Anderson Co., Ky, aged 71

saying he also served with Isaac Shelby Evan Shelby in 1776 1777 bringing

provisions to Col Christian. He served until 1792 in various duties for the Va.

Militia in Kentucky.

Affiant 1: Gen. James Ray

Gen. James Ray: 1832..have known him since Mar of 1780. He is the husband of the

Lady who killed an Indian with an axe who assailed his house in the most Heroic

Manner. He was a near neighbor was often in the same service. He is a man of

Truth.

Affiant 2: John Gritton

John Gritton: Same as General James Ray given at the same time.

Affiant 3: Anthony C. Crockett

Col. Anthony Crockett: 22 Feb 1833. Given in Franklin Co., Ky. Hutton was in

actual service with Shelby from 1776, escorting provisions to Col. Christian at

Long Island on the Holston River, I have known him since 1780. He was a faithful

officer.

Affiant 4: Hannah Hutton

Hannah Hutton: Letter in this file dated 11 Aug 1840..From Hannah Hutton..from

Mount Vernon, Ky. She is the widow of "Henry" Hutton or Col. Hendrick Hutton. He

was the brother of James Hutton, pensioner who died in Anderson Co after about 5

or 6 years of drawing a pension. She is trying to secure a pension as a widow of

Col. Hendrick Hutton..who first joined at the same time place as James Hutton.

She states she is now an aged woman.

Other 1: Hendrick Hutton

Col. Hendrick Hutton: brother of James Hutton, see Hannah Hutton

Soldier served in VA line. A daughter of soldier, Mary Reynolds applied for a pension 23 Mar 1852 in Rockcastle Co. Ky aged 65 (ed. note: born 1787) and she stated her parents were married in the summer of 1784 at McMurtry’s Station in what is now Mercer Co, KY. Soldier died about 1829 and his widow died 20 Dec 1850 leaving 4 children: Jane, Elizabeth, John Hatton and Mary Reynolds.

Other Tax and Census data

1790 Taxpayers

Hutton, Jas Fayette County 2/27/1790

Hutton, Henry Fayette County 2/27/1790

1787 Census of Virginia

Mercer County insolvents or removed from my bounds as sheriff

Samuel Hutton –removed to Fayette

1795 Tax Payers

Robert Hutton, Franklin County

Benjamin, Fayette

Charles, Mason

George, Mason

Henry, Madison

James, Franklin

James, Mercer

Joseph, Franklin

Joseph, Mercer

Samuel, Franklin

Samuel, Mercer

Note : that Franklin was formed from Mercer County in 1795 so the Huttons appear in both counties.

1800 Census

Alexander, Boone

Benjamin, Fleming

George, Mason

Henry, Madison

James, Franklin

James, Mason

Jonathan, Franklin

Joseph, Franklin

Joseph, Harrison

Samuel, Franklin

Samuel, Sr, Franklin

Thomas, Fleming

Excerpts from Chalkley

Volume 1, Augusta County Court Records

Court Order Book VII,

AUGUST 23, 1762.

(313) Samuel Hutton security.

Voume 1, p 335

COUNTY COURT JUDGEMENTS

John Low vs. Robert Bratton, admr. of James Dunlop.--John Lewis's affidavit, 11th November, 1758, that he served as a soldier under Capt. James Dunlop 22 days in the month of June, 1756, and never received any satisfaction for it.

…

James Stevenson vs. George Wooldridge and John Ritchie.--Signatures.

Peterson vs. Hamilton.--Deposition Joseph Greer, as garnishee, February, 1763.

Felix Gilbert vs. George Anderson.--Attachment, 1762.

Tunis van Pelt vs. Samuel Hutton.--Defendant lives with his brother, James Hutton, in the Forks.

SEPTEMBER, 1763 (B).

Volume 1,p 440-441

Petition for road from Joseph Long's mill to James Young's mill and by

William Hall's, on the North River, and into the Great Road on James

Thompson's plantation. It is our course to meeting, mill and market. John

Carr, James Campbell, Robert Young, Joseph Long, Samuel Gibson, Solomon

Whitly, John Collyer, William Hall, Gilbert Crawford, George Gibson,

John Ruckman, James Barton, William Waddington, William Brown, James

Moore, John Hanna, James Hutton, William Todd, James Bates, James

Footd, James Young, Patrick Young.

19th March, 1753. William McClain petitions that he has grown very

aged and to be relieved from County levy.

Volume 2, p 450-459

Page 385.--1765: Processioned by Collier and McCampbell, viz: For

William McCamey, for Jno. Beatty (Samuel Norrad present), for Solomon

Whitley, for Wm. Gilmore, for Robt. Erwin, for Jno. McKee, for Andw.

McCampbell, for Henry Kirkham, for Edward Fairies, for James Campbell,

for Alex. Deal, for John Gilmore, for Moses Cunningham for Robt. Hamilton,

for James McCalster, for Hugh Cunningham, for George McConne;

for Wm. Moore, Michael Kirkham present; for James Young, for Robert

McKelhenny, for Margery Crawford, for Saml. Todd, for Rob. Young,

for James Hutton, for James Todd, for George Gibson for Alex. Collier,

for Jno. Hanna, for Robt. Talford, for Robt. McHenry, for David Talford,

for William Hall, for John McMurtrey, for James Davies, for Robt. McKee,

for Jno. Somers, for Jno. Huston, for Jno. Wylie, for Jno. McConne, for

Archd. Buchanan, for Wm. Porter, for Jno. Wieley.

Volume 3, p 110-119

Page 383.--21st March, 1771. James Patton's settlement of estate

recorded--John Buchanan, executor; 1758, 28d April, paid Francis Riely; 1765,

6th June, to putting Ratclif's place into the office where it was tossed, for

the estate; 1761, 14th August, cash paid Dr. Thomas Walker for his claim

to Burke's Garden; 1761…; 1757--7th February, Wm. Snodgrass; 19th February.

John Marshall; 23d April, James Hutton;

Page 235.--17th August, 1769. The estate of Col. James Patton, Dr.--

To William Thompson, an executor, 1757, cash paid Col. Wm. Walker,

cash paid Col. Green, cash paid Richard Vernon, James Coyle. 1762,

February 10th, by to Banyans appraised. Cash of Doctor Walker on

account of Jacob Harmon in full of the Horseshoe bottom. Cash of John

Roerty, Andrew Haislip, Jacob Larton, Jacob Shull, James Hollis, Daniel

Brown. By cash of Thos. Henry, rent of land in Louisa; Jno. Sprout,

John and Christian Bigaman, Wm. Ledford, Jno. Ledford, Michl.

Dougherday, Hugh Mares, Wm. Lepperd and Jacob Dye. James Hutton, Jno.

Wiley for Jno. Ruckman, John Douglas for a tract of land in Louisa since

Col. Patton's death.uu

Volume 3, p 430-439

Page 318.--15th October, 1765. James Hutton (Hatton) and Ally ( )

to David Wallace, £61.10, 84 acres on a north branch of Buffalo Creek in

Forks of James joining land formerly William Todd's. now the property

of Wm. McKee. Teste: Wm. McKee.

Voume 3, p 370-379

Deed Book 10, p 107.--20th November, 1761. William Todd, of Bedford, to Samuel

Todd, of Augusta, £40, 400 acres on the head of North Branch of Buffalo

Creek, Benj. Borden's line. Teste: James Hutton. Delivered: Wm. Lusk,

January, 1765.

Other

Future Research

Wills of Huttons and Hattons in KY: Robert Hatton, Franklin Co, Book B p324, 1817; John Hatton, Washington Co., Book C p 157, 1818; John Hutton, Nelson co, Book D, p 091, 1839.
Census Records of 1810, 1820 and 1830 to get ages of Huttons