Structure · Built 1809 · Demolished 2009
Charles Cutler House
The Charles Cutler House stood on the east side of Treble Cove Road in the northwest part of Billerica, at what is now 210 Treble Cove Road. It was the farmhouse of an eighteen-acre farm whose bounds stayed the same in every deed for more than 150 years: from the end of a stone wall on the road, east along the neighboring farm to a stake and stones at the land of Jesse Manning, about ninety rods northwest along Manning, about forty rods west back to the road, and about forty-five rods down the road. The road itself was described by whoever lived nearby: in 1809 it was "the road leading from Capt. John Winning's to William Frost's", in 1868 "from Samuel Shed's to North Billerica", and from 1871 "from the house occupied by Lott Easty to North Billerica".
The earliest record found is the deed of May 5, 1809, by which Josiah Crosby Jr. sold the eighteen acres "with the buildings thereon" to Malachi, William and Andrew Allen for $700, taking back a mortgage for the same sum. The house was therefore already standing in 1809; how Crosby acquired it was not found in the indexes. In 1812 William and Andrew Allen sold the farm for $500 to William Richardson and Charles Cutler, a bricklayer then of Burlington, and in 1816 Richardson sold Cutler his undivided half "with one half of the buildings thereon" for $220.
Charles Cutler lived here for fifty years, adding woodland, meadow and the "Mulberry lot" nearby. He died on October 4, 1866. His will, made in 1864, gave his wife Elizabeth her support for life, small legacies to the children of his late daughter Elizabeth Winning, and everything else to his daughter Martha C. Robinson, wife of Joseph Robinson. His inventory listed a "Homestead 25 acres" with hay in the barn and furniture in the parlor chamber and sitting room chamber. Martha survived him by only a year. Her will of September 1867 left half of her real estate to her son Charles A. Robinson and half to her four daughters, allowing Charles to keep "my father's farm" by paying his sisters, and her inventory valued "The Cutler Homestead 18 acres" at $1,000.
All five Robinson children were minors, and in 1868 their guardian, Gardner Parker, sold the homestead at public auction for $1,000 to Lawrence B. Gannon and Patrick Mullen of Billerica. The farm then changed hands quickly: to Joshua W. Shores of Lowell in 1871 for $750, to Thomas Hill of Lowell in 1873, and in 1875 for $1,200 to John and Charles Callahan of Billerica, who mortgaged it back for $700 of the price. In 1884 John Callaghan sold it for $800 to Voluntine Rollins and his wife Clara Frances Rollins.
The Rollins family kept the farm for 56 years. After Clara F. Rollins died, her heirs, Cora M. Shedd and Voluntine M. Rollins, and her executor, Burton O. Sanford, sold the eighteen acres "with the buildings thereon" on February 3, 1940 to Roger and Eva Biagiotti. The Biagiottis cut house lots off the road frontage for family members, and in 1960 a straw conveyance put the remaining land in Eva Biagiotti's name alone. In 1963 the Town took about 7.4 acres at the back of the old farm, with an access road from Treble Cove Road, for the Dutile School.
Eva M. Biagiotti died in 1986. The 1987 plan dividing her estate (Plan Book 168, Page 47) shows the old house, "house no. 210", with an ell and three sheds on a lot of 59,770 square feet beside the school access road; her will left that lot to a family member, and the other heirs confirmed the devise in 1989. The property was sold privately in 2007 and passed in 2010 through a realty trust to Omni Ventures Billerica LLC. The old farmhouse was taken down in 2009 or 2010 and a day care center was built on the lot in 2010. In 2012 Omni Ventures sold the property to 210 Treble Cove LLC for $3,150,000.
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Title References
| Date | Type | Grantor | Grantee | Summary | Recorded |
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| April 16, 1810 | Deed | Josiah Crosby Jr. of Billerica, yeoman (Betsy Crosby releasing dower) | Malachi Allen, yeoman, William Allen and Andrew Allen, labourers, all of Billerica | the 18 acres "with the buildings thereon" sold to the Allens; earliest record of the house | 188/292 (South) |
Billerica town book 14, pages 403-404. Dated May 5, 1809, acknowledged the same day before James Abbot. For $700, a tract "in the northwesterly part of said Billerica" beginning "at the east side of the road leading from Captn. John Winnings to William Frosts, and at the end of the wall betwixt said Winnings and the premises," south by Winning "as the fence now stands" to a stake and stones at land of Jesse Manning, northwesterly by Manning about ninety rods, westerly by Manning about forty rods to the road, and by the road about forty-five rods, "containing eighteen acres more or less with the buildings thereon." No title recital. Recorded at Cambridge April 16, 1810.
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| October 15, 1810 | Mortgage | Malachi Allen, William Allen and Andrew Allen, all of Billerica, yeomen (Rebecca Allen, wife of Malachi, releasing dower) | Josiah Crosby Jr. of Billerica, Esquire | Allens mortgage the farm back to Josiah Crosby Jr. | 191/27 (South) |
Billerica town book 10, pages 572-573. Dated October 3, 1810, acknowledged October 8 before Blaney Abbot. For $700, the same eighteen acres "with the buildings thereon" between Winning and Jesse Manning on the road from Capt. John Winning's to William Frost's, void if the Allens paid $700 with interest within seven days. A mortgage back to the seller for the 1809 price.
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| 1812 | Deed | William Allen and Andrew Allen, both of Billerica, yeomen | William Richardson of Billerica, yeoman, and Charles Cutler of Burlington, bricklayer | Charles Cutler buys the farm with William Richardson | 203/359 (South) |
Billerica town book 11, pages 214-215. Dated May 5, 1812, recorded early 1813. For $500, the tract on the east side of "the road leading from Capt. John Winning to William Frosts," by Winning and Jesse Manning, "containing eighteen acres more or less with the buildings thereon." No title recital. Witnesses Samuel Bridge and Josiah Crosby Jr. Malachi Allen, a buyer in 1809, does not sign; no deed of his third is recorded.
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| August 10, 1816 | Deed | William Richardson of Billerica, gentleman | Charles Cutler of Billerica, bricklayer | Cutler buys Richardson's half | 215/135 (South) |
Billerica town book 11, page 428. Dated March 28, 1816. For $220, "one undivided half" of the eighteen-acre tract on the east side of the road "from Capt John Winnings to the widow Frosts," by Winning and Jesse Manning, "with one half of the buildings thereon." Cutler now owned the whole farm, which he held for fifty years.
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| 1866 | Will | Estate of Charles Cutler of Billerica | His daughter Martha C. Robinson, wife of Joseph Robinson | will of Charles Cutler, homestead to his daughter Martha C. Robinson | Probate #30130 |
Will dated November 18, 1864 (witnesses Dudley Foster and John H. Foster), proved December 1866; his brother Micah Cutler of Boston executor. Fifty dollars each to Adeline, Albert and Parker Winning, children of his daughter Elizabeth; support for his wife Elizabeth for life; the residue "real, personal and mixed" to "my daughter Martha C. Robinson wife of Joseph Robinson." Will recorded vol. 13 p. 546.
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| 1867 | Will | Estate of Martha C. Robinson of Billerica | Her minor children Charles A., Elizabeth R., Martha L., Nellie L. and Elvira A. Robinson | will of Martha C. Robinson; "The Cutler Homestead 18 acres" | Probate #40700 |
Will proved at Lowell December 3, 1867, Dudley Foster executor (sureties Anthony Jones and Lyman Haynes); the will refers to "my father's farm." The inventory taken December 7, 1867 by Lyman Haynes, Anthony Jones and Albert H. Jones lists "The Cutler Homestead 18 acres $1000," with the Frost land, Mulberry Orchard, Abbot wood lot and meadow, real estate $2,350 in all.
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| 1868 | Guardianship | Charles A., Elizabeth R., Martha L., Nellie L. and Alvira A. Robinson, minors of Billerica | Gardner Parker of Billerica, guardian | guardianship of the Robinson minors; license to sell the homestead | Probate #40678 |
Petition of April 20, 1868 by Gardner Parker for guardianship of the five children of Joseph Robinson and "Martha C. Robinson his wife, now deceased" (born 1848 to 1856); the three over fourteen nominated Parker before Dudley Foster and their father assented. Decree at Cambridge April 28, 1868 appointing Parker guardian of person and estate, bond the same day (Rec. vol. 42 p. 486). The same court licensed the sale of the Cutler Homestead on April 28, 1868.
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| 1868 | Guardian's Deed | Gardner Parker of Billerica, guardian of the minor children of Martha C. Robinson | Lawrence B. Gannon and Patrick Mullen, both of Billerica | guardian's auction sale of the Cutler homestead | 63/175 |
Pages 175-177. Licensed by the Probate Court at Cambridge April 28, 1868, after notice in the Lowell Weekly Journal, sold at public auction June 1, 1868 to the highest bidders for $1,000; deed dated June 3, 1868. The tract on the east side of "the road leading from Samuel Shede to North Billerica," from the end of the wall between Shed's land and the premises, by Shed to a stake and stones at Jesse Manning's land, northwesterly by Manning about 90 rods, westerly about 40 rods to the road, and by the road about 45 rods, "eighteen acres more or less, with the buildings thereon."
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| April 10, 1871 | Deed | Lawrence B. Gannon and Patrick Mullen, both of Billerica (Catharine Gannon and Ann Mullen releasing dower and homestead) | Joshua W. Shores of Lowell | sold to Joshua W. Shores | 78/541 |
Pages 541-542. Dated April 5, 1871, witnessed by Dudley Foster. For $750, the tract on the east side of "the road leading from Lott Easty's formerly Samuel Shed's to North Billerica," by Easty and Jesse Manning, "eighteen acres more or less, with the buildings thereon." "Being the same premises conveyed to us by Gardner Parker, Guard., deed dated June 3rd 1868 ... Book 63 Page 175."
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| April 30, 1873 | Deed | Joshua W. Shores of Lowell (Mary M. Shores releasing dower and homestead) | Thomas Hill of Lowell | sold to Thomas Hill | 92/598 |
Pages 598-599. Dated April 29, 1873. The same eighteen acres "with the buildings thereon" on the road "leading from Lott Easty's formerly Samuel Shed's to North Billerica." The recital names the 1871 deed from Lawrence B. Gannon "and another" but miscites it as Book 78 Page 41 (it is 78/541). The price is partly illegible (some hundreds of dollars).
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| June 10, 1875 | Deed | Thomas Hill of Lowell (Ann Hill releasing dower and homestead) | John Callahan and Charles Callahan, otherwise called Calaghan, both of Billerica | sold to John and Charles Callahan | 110/488 |
Pages 488-489. Dated May 10, 1875. For $1,200, an undivided half to each, the eighteen acres "with the buildings thereon" on the east side of the road from Lott Easty's to North Billerica, by Easty and Jesse Manning. "Being the same premises conveyed to me by Joshua W. Shores by his deed dated April 29, 1873 and recorded at Lowell Book 92, Page 598."
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| June 11, 1875 | Mortgage | John Callahan and Charles Callahan, both of Billerica, "otherwise called Calaghan" | William H. Anderson of Lowell | Callahans' purchase-money mortgage | 110/491 |
For $700 payable in three years, "a certain tract of land with the buildings thereon, situated in the northwesterly part of Billerica and being the same premises conveyed to us by Thomas Hill by his deed of even date delivered simultaneously and recorded herewith", "containing eighteen acres more or less". "This mortgage is given for a part of the purchase money." Recorded June 11, 1875 at 8 a.m. Margin: assigned Book 111 Page 223, released Book 125 Page 437.
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| April 14, 1884 | Deed | John Callaghan of Billerica (Mary A. Callaghan releasing dower and homestead) | Voluntine Rollins and Clara Frances Rollins, his wife | sold to Voluntine and Clara F. Rollins | 166/168 |
Dated April 14, 1884. For $800, the eighteen-acre tract "with the buildings thereon" in the northwest part of Billerica on the road from Lott Easty's to North Billerica, by Easty and Jesse Manning. The recital names a deed to John and Charles Callaghan of May 11, 1878, Book 110 Page 488, but that deed (from Thomas Hill) is dated May 10, 1875.
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| April 14, 1884 | Mortgage | Voluntine Rollins and Clara Frances Rollins of Billerica | John Callaghan of Billerica | Rollins mortgage back to Callaghan | 166/169 |
Recorded with the deed of the same day. For $600, a mortgage of the eighteen acres back to the seller for part of the $800 price. Margin: "see also Book 184 Page 372," the 1886 assignment to Judith Jones.
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| October 21, 1886 | Assignment of Mortgage | John Callaghan, mortgagee | Judith Jones of Billerica | Rollins mortgage assigned | 184/372 |
Dated October 20, 1886, acknowledged before John Davis. For $592 and cents Callaghan assigns "a certain mortgage given by Valentine Rollins and Clara F. Rollins to me dated April 14th 1884" (Book 166 folio 169), "the real estate thereby conveyed and the note and claim thereby secured," to Judith Jones, subject to redemption.
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| February 8, 1940 | Quitclaim | Cora M. Shedd and Voluntine M. Rollins, both of Billerica (Warren C. Shedd and Ada C. Rollins releasing) | Roger Biagiotti and Eva Biagiotti, husband and wife, tenants by the entirety | Rollins heirs sell to Roger and Eva Biagiotti | 941/405 |
Dated February 3, 1940. The eighteen acres "with the buildings thereon" by the road, Easty and Jesse Manning. "Being the same premises conveyed by deed of John Callaghan to Voluntine Rollins and Clara Frances Rollins dated April 14, 1884 ... Book 166, Page 168. Our title is derived under the will of said Clara F. Rollins, Middlesex Probate No. 212700."
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| February 8, 1940 | Executor's Deed | Burton O. Sanford, executor of the will of Clara F. Rollins, late of Billerica | Roger Biagiotti and Eva Biagiotti, husband and wife | executor of Clara F. Rollins sells to the Biagiottis | 941/406 |
Dated February 3, 1940, recorded with the heirs' quitclaim. The same eighteen acres "with the buildings thereon," with the same recital of the 1884 Callaghan deed (Book 166 Page 168). Revenue stamps of $2.00, suggesting a price of about $2,000.
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| February 8, 1940 | Mortgage | Roger Biagiotti and Eva M. Biagiotti | Lowell Co-operative Bank | Biagiotti mortgage | 941/407 |
Pages 406-407. For $1,400 at six percent for ten years, a mortgage of the eighteen acres "with the buildings thereon," recorded with the purchase deeds. Margin: "See Par. Rel. 1094/502," a later partial release of a house lot on Treble Cove Road.
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| April 25, 1962 | Quitclaim | Roger Biagiotti and Eva Biagiotti, husband and wife | Raymond McColough | straw deed, title to Eva Biagiotti | 1553/332 |
Dated March 9, 1960, recorded April 25, 1962. The tract "with the buildings thereon" on "the road leading from the house occupied by Lott Easty to North Billerica," about eighteen acres, excepting lots already sold to Joseph G. Santolucito and others (Book 1090 Page 173) and to members of the family (1092/403, 1281/267) and a 250 by 225 foot lot on Treble Cove Road. "Meaning ... all of the premises deeded to us by deed of Warren C. Shedd et als ... Book 941, page 405, and by deed of Burton O. Sanford, executor ... Book 941, Page 406." A straw deed.
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| April 25, 1962 | Quitclaim | Raymond McColough | Eva Biagiotti | straw deed, title to Eva Biagiotti | 1553/333 |
Dated March 12, 1960, recorded April 25, 1962. The same tract and exceptions, "Meaning ... all of the premises deeded to me by deed of Roger Biagiotti and Eva Biagiotti, dated March 9, 1960." The straw deed placed title in Eva Biagiotti alone; she received the Town's award when the school land was taken in 1963.
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| June 5, 1989 | Release Deed | The other heirs of Eva M. Biagiotti | Her devisee of Lots 2 and 3 | devise of the house lot (Lot 3, house no. 210) confirmed | 4910/341 |
Release deed with quitclaim covenants for $1, dated May 1989, "given to confirm the devise to the Grantee of the property identified in Article Second of the Will of Eva M. Biagiotti" (Middlesex probate 86P-6009): Lots 2 and 3 on the 1987 Flaherty and Associates plan for the Estate of Eva Biagiotti, Plan Book 168 Page 47, on the easterly side of Treble Cove Road. Lot 3, 59,770 square feet with 250 feet on the road, is the lot of the old farmhouse ("house no. 210" on the plan); Lot 2 (7,251 square feet) is a strip on the far side of the school access road. Title from 1553/333. The parties are private and not named.
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| September 1, 2010 | Deed | Trustee of 210 Treble Cove Road Realty Trust | Omni Ventures Billerica LLC | sold to Omni Ventures Billerica LLC; house gone, day care built | 24230/93 |
Deed for $1, recorded September 1, 2010, of 210 Treble Cove Road, Lot 3 on Plan 168-47 (from the registry index details). The property had been sold privately in 2002 and 2007 (Book 12625 Page 151, Book 21605 Page 24) and then put in a realty trust; a certificate and an easement were recorded in 2010 (Book 24257 Page 250, Book 24463 Page 71). The old farmhouse was gone by November 2009, when the assessor noted no construction yet, and a day care center was built on the lot in 2010.
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Recorded is Book/Page at the Middlesex North Registry of Deeds unless noted; Probate # is a Middlesex probate case, Ctf a Land Court certificate of title.