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Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug

Last revised February 17, 2009

DEARBORN CO. IN
Formed 1803 from Clark
Franklin formed 1811 from Clark, Dearborn, Jefferson
Jefferson, Wayne formed 1811 from Dearborn, Clark
Switzerland formed 1814 from Dearborn, Jefferson
Ripley formed 1816 from Dearborn, Jefferson
Ohio formed 1844 from Dearborn
 

CENSUS RECORDS

1820 Dearborn Co. IN Census
Pg.  74  James Duncan       010001       - 01001      Laughery
     91  Thomas Duncan      212201       - 31010      Lawrenceburg
    112  William Duncan     100010       - 42010      Manchester

1830 Dearborn Co. IN Census (semi-alphabetic)
Pg.(398) John Duncan        0011,1       - 0000,1
    214  Elizabeth Duncan   0            - 0200,0001  Lawrence
    218  William Duncan     0100,0001    - 3101,201   Manchester
    231  James Duncan       2100,01      - 0200,1     Sparta
         William Duncan     0000,01      - 0000,1


1840 Dearborn Co. IN Census
Pg. 114  John Duncan        1100,01      - 1110,01    (p.229)
    118  William Duncan     0100,0000,1  - 0031
           (no female 50-60 w/William)
           two names
         David Duncan       1100,01      - 1110,01    Manchester
           (MAD: not Samuel as I had; correction from Bettye Heinrich 2/2009)
    150  James Dunkin       2120,001     - 0011,01    (p.301)

1850 Dearborn Co. IN Census
Manchester
Pg.375, #413, Pheobe DUNCAN (f) 62 MA farmer $1200
                  Harriet H. 24, Daniel 19 IN
                  (MAD: widow of William Duncan)
Laughery
Pg.428, #34, William DUNCAN 40? IRE bricklayer $500
                  Catherine 39 IRE
                  Sarah 14 NY
                  Robert 9, Jeremiah 8 OH
                  William 4, John W. 2, Margaret 16 IN
                  (MAD: William's age almost too faint to read, perhaps 24? but he age 50 in 1860)
Wilmington
Pg.440, #221, Abel L. MORGAN 35 PA S.teacher $340
                  Elizabeth C. 25 KY
                  Rosalie E. 5 KY
                  Lanpile? (m) 1 IN
                  Helen DUNCAN 55 VA
                  Melville E. MORGAN (m) 3 IN
                  (MAD: A.L. Morgan mar. Elizabeth Duncan 3/3/1844 Harrison Co. KY; 1860 Scott Co. IN census)
Sparta
Pg.456, #196, James DUNCAN 54 MD farmer $250
                  Mary 44 MD
                  Josiah 15, James 13, Robert 10 IN
                  Thomas 7, Joshua 17 IN
 

1860 Dearborn Co. IN Census
Sparta Twp.
Pg.157, #2-2, William DUNCAN 29 IN farmer $250-$50
                  Elizabeth 22 IN
                  Henrieter (f) 6, Mary V. 1 IN
Caesar Creek
Pg.259, #86-80, Clancy PATE 40 "Carlina" farmer $30,000-$1,000
                  George W. PATE 15 IN
                  Alford M. 12 IN
                  Armor ABDAL (m) 30 IN
                  & others
                  Kizia DUNKIN (f) 44 IN
                  John R.H. 14 IN
                  (MAD: indexed Rizia Dankin but I think Kizia)
Manchester Twp.
Pg.310, #79-76, James DUNCAN 65 MD farmer $2300-$400
                  Mary 55 MD
                  Josiah 24, Robert 21, Thomas 19 IN
Washington Twp.
Pg.525, #934-985, Wm. DUNCAN 50 IRE farmer $2100-$300
                  Catherine 48 IRE
                  Jeremiah 16 IN laborer
                  Wm. 13, John 11, Catherine 7 IN
                  James 6, Temperance A. 3 IN
 

1870 Dearborn Co. IN Census
Manchester Twp.
Pg.588, #108-107, DUNCAN, Thos. 28 IN farmer $0-$350
                  Charlotte 27 IN keeping house
Pg.593, #200-190, DUNCAN, Joseph 35 IN farmer $0-$600
                  Melissa 28 IN keeping house
                  James 7 IN at school
                  William 5 IN at home
                  Lizzie 2/12, George 2/12 IN b.Mar. at home
                  (MAD: not Josiah Duncan, although perhaps should be)
Pg.605, #366-361, DUNCAN, Daniel 39 IN shoemaker $400-$200
                  Kate 32 IN keeping house
                  Eugene (m) 11 IN at school
Sparta Twp.
Pg.637, #240-239, DUNCAN, Wm. 41 IN laborer $500-$100
                  Elizabeth 32 IN keeping house
                  Henrietta (f) 16 IN at school
                  Viola (f) 11 IN at school
Washington Twp.
Pg.649, #51-48, DUNCAN, Catharine 55 IRE keeping house $5000-$100, parents of foreign birth
                  John 21 IN farmer $0-$300, parents of foreign birth
                  Catharine 18 IN, parents of foreign birth
                  James 16 IN, parents of foreign birth
                  Anna 13 IN, parents of foreign birth
                  BEAKMAN, Wm. 52 PRUssia farm laborer, parents of foreign birth
 

MARRIAGE RECORDS

Dearborn Co. IN Marriage Index 1826-1859 (FHL film 1,313,295)
      Actual marriage returns not looked at
      no Abel Morgan marriage to 1850 (see 1850 census; see Harrison Co. KY)
      Duncan, William to Charlotte McCurdy, 6/28/1829, pg.15
      Dunkin, John to Nancy McCaslin, 2/25/1830, pg.18
      Duncan, Eleanor to Low, John, lic. & mar. 1/11/1830, pg.18
      Dunkin, Sarah to Hamlin, Alfred, mar. 12/16/1825, pg.20
      Duncan, James to Smith, Molly, lic. 4/5/1834, pg.40
      Dunkin, Delilah to Smith, Cyrus, lic. 11/5, mar. 11/8/1832, pg.31
      Dunkin, Mary to Elwell, John, lic. 12/24, mar. 12/26/1833, pg.38
      Duncan, David to Vaughan, Cornelia, lic. 11/25, mar. 11/28/1836, pg.56 (MAD: one David Dunkin and wife Cornelia late Hamblin, and others, were parties in a chancery suit in the case of James P. Milliken of Dearborn Co. and Elias Milliken of Decatur Co. vs. John Palmer of Decatur Co. and others, over real estate, recorded in Nov. 1840 in Decatur Co. IN Complete Record Book E-129; from pg.420-1 of "Court Records of Decatur Co. IN 1822-1848" by Maurice Holmes; FHL book 977.216 P2c)
      Dunkin, Susan to Lane, Andrew, lic. 3/4/1837, pg.57
      Dunkin, Margaret to Fullem, Jos., lic. 3/18/1837, pg.57
      Duncan, Lucy Ann to Hammon, William W., lic. 8/15, mar. 8/18/1839, pg.74
      Dunkin, Elizabeth to Hall, Daniel, lic. 3/17, mar. 3/19/1840, pg.78
      Dunkin, Eliza to Lewis, Josiah L., lic. & mar. 1/26/1843, pg.96 (MAD: obit of Eliza Caroline Duncan b. 9/15/1821 MD, d. 11/23/1905 Milan, IN, to IN age 5, mar. Josiah Lewis 1/25/1842; from pg.2446, "Ripley Co. IN Genealogy" by Violet E. Toph, filmed 1982, on FHL film 1,312,671)
      Dunkin, Laura Ann to English, George W., lic. 7/1, mar. 7/2/1843, pg.99
      Duncan, Lorinda to Ince, Horace L., lic. 12/8, mar. 12/10/1846, pg.124
      Duncan, Phebe to Bennett, John, lic. & mar. 10/23/1848, pg.138
 

ESTATE RECORDS

Dearborn Co. IN Wills
      2-123: William Dunkin of Manchester, Dearborn Co. IN; after debts paid, my beloved wife Phebe Dunkin to have use of all my estate both real and personal for widowhood, then my son Daniel Dunkin to have all my estate both real and personal by paying to each of his sisters $100 apiece within two years after he becomes 21, namely, Elizabeth, Mary, Delila, Phebe, Harriet, Lorinda, Clarinda; appoint friend Joseph Hunter exec. 17 April 1843. Wit. David Conger, Christopher C. Jaquith. Proved 1 May 1843. (FHL film 209,849)
      5-64: William Duncan of Washington Twp., to my wife the farm on which we now reside in Washington Twp, Dearborn Co. IN, containing about 82 acres for life, and all the stock & household goods, etc., she to sell so much as may be sufficient to pay my debts. At her death, the real estate to my sons John W. Duncan and James Duncan and their heirs. If either of my said two sons dies before my wife, having no children living at the demise of my wife, then their share to go to my son William Duncan and his heirs. To my son William Duncan and his heirs $400 to be paid 5 years after my wife's death. To my two daughters (unnamed) now married to Mathias Davis and W.W. Wilson, $200 each to be paid 7 years after my wife's death. To my two daughters now minors, Catharine Duncan and Temperance Ann Duncan, $600 each, the oldest daughter to receive her $600 2 years after death of my wife, and the youngest 4 years after death of wife. Appoint my beloved wife guardian of my minor children until age 21. Appoint wife Catherine Duncan and John W. Duncan execs. 17 June 1868, /s/ William Duncan. Wit. William Lawdon, Benjamin Withered. Proved 25 Jan. 1870 on oath of Benjamin Withered. (FHL film 209,850)

Dearborn Co. IN Index to Estates (FHL film 209,870)
      None except William Dunkin above
 

LAND RECORDS

Dearborn Co. IN Deeds (index 1826-1882, grantors on FHL film 1,314,724; grantees on FHL film 1,317,731)
      Record of deeds destroyed by fire v.D/4 1827-1834 - no index (FHL film 1,314,736 item 4) (MAD: mention of a flood in 1937, deed books saved but in bad condition)
      A-56: 29 March 1826, Jeremiah Bonker and wife Eve (X) to William Dunkin, both Dearborn Co. IN, $70, 2+ acres in Manchester Twp in SE 1/4 Sec.35 T6 R2W, adj. meeting house lot. Wit. George Clark, John Palmer. (FHL film 1,314,531)
      CC #1013: 30 March 1816, Henry Hardin and wife Delilah (X) of Dearborn Co. IN to John Duncan of same, $76, lot 50 in town of Hardinsburg. Wit. Timothy Davis, James Gragg. (FHL film 1,314,533)
      F-3: 31 March 1831, William Duncan of Dearborn Co. IN to Sewell Plummer, of same, $70, 2+ acre lot in Manchester Twp, part of SE 1/4 Sec.35 T6 R2W adj. corner Baptist Meeting House lot, Hiram Fairbanks, said William Duncan. Also signed by his wife Phebe Duncan. Wit. Mark MCracken JP, Mary Duncan. (FHL film 1,314,534)
      G-288: 3 Sept. 1832, Samuel Stage and wife Jane to James Dunkin, both Dearborn Co. IN, $80, 42 acres in Sparta Twp, E 1/2 NW 1/4 Sec.18 T5 R2W. Wit. Allen L.P. Palmer, John Palmer JP. (MAD: page numbers not legible) (FHL film 1,314,534)
      G-362: 25 Oct. 1832, James Dunkin and wife Martha (X) of Sparta Twp, Dearborn Co. IN, to Joshua Dorman of same, $100, all the land Dunkin holds lying on south side of road from Wilmington to Napolean, being part of E 1/2 NW 1/4 Sec.18 T5 R2, 60 acres more or less. Wit. Nancy Dorman, John Columbia JP. (FHL film 1,314,534)
      N-224: 7 June 1837, James Duncan and wife Mary (X) of Dearborn Co. IN to James Daugherty of same, $140, 19 acres, being part of NW 1/4 Sec.8 T5 R2W, adj. land of Saml. Stage. Wit. D. Weaver, William Glenn. (FHL film 1,314,536)
      Q-184: 6 April 1839, James Dunkin and wife Molly (X) of Dearborn Co. IN to John D. Johnson of same, $800, 38+ acres adj. SE corner NW 1/4 Sec.18 T5 R2, on south side road from Aurora to Napolean. Wit. Benjn. Johnson, James Chilson. (FHL film 1,314,538)
      U-332: 17 April 1843, will of William Dunkin of Manchester, Dearborn Co. IN ... not copied; see Will Book 2, pg.123. Same document. (FHL film 1,314,540)
      W-352: 6 Feb. 1844, Henry Hall of Cincinnati, OH, to William Duncan of said city? [Hamilton Co. OH], 40 acres, SE 1/4 NW 1/4 Sec.15 T4 R2. (difficult to read, gives chain of title; land description from index, deed itself not copied further.) (FHL film 1,313,447)
      W-354: 17 Nov. 1844, John B. Durbin and wife Mary Jane to William Duncan, both Dearborn Co. IN, $300, lot 131 in Aurora. (FHL film 1,313,447)
      W-546: 4 April 1846, William Duncan and wife Catherine (X) of Dearborn Co. IN to Frederick Brodirdt of Hamilton Co. OH, $250, lot 131 in Aurora. Wit. John F. Durbin, Luis Shroenget. (FHL film 1,313,447)
      X-144: 15 Nov. 1845, William Duncan to George Mowbry, 20 acres, pt. W 1/2 NW 1/4 Sec.15 T4 R2 (Book X from index only)
      X-307: 11 April 1846, Henry Walker to William Duncan, lot 14 in Aurora
      X-319: 15 Nov. 1845, George Mowberry to William Duncan, 20 acres, pt. W 1/2 NW 1/4 Sec.15 T4 R2
      X-343: 17 Nov. 1845, William Duncan to George Mowbry, 20 acres
      Y-185 (2nd): 1 July 1847, Justus M. Cure and wife Nancy (X) to Hellen Duncan (her), both Dearborn Co. IN, $340, part of SW 1/4 Sec.25 T5 R2W on N. side of Wilmington and W. side of Main Street on the State road running from Madison to Lawrenceburg, adj. NE corner of lot purchased by Cure from William V. Cheek, also part of another lot, corner of two lots (apparently Wilmington town lots, acreage not given; complete description of lots not copied). Wit. Robert D. Brown, Alvah Churchill. (FHL film 1,313,448)
      Z-14: 8 Jan. 1848, William Duncan to Andrew J. Small, lot 14 in Aurora. (Book Z & later from index only)
      4-92: 17 Feb. 1851, Helen Duncan to Samuel Roach, pt. SW 1/4 Sec.25 T5 R2
      8-150: 19 March 1853, Hiram Barker to William Duncan, lot 178 in Aurora
      8-151: 23 March 1853, William Duncan to Nancy M. Langdon, lot 170 in Aurora
      8-406: 15 April 1853, Daniel Dunkin to Joseph Vaughan, 160a, NW 1/4 Sec.36 T6 R2
      9-315: 9 May 1854, Joshua D. Dunkin to John D. Johnson, pt. W 1/2 Sec.18 T5 R2
      9-389: 1 March 1854, George Mewberry to William Duncan, 40a, NE 1/4 NW 1/4 Sec.15 T4 R2
      10-288: 1 March 1854, William Duncan to George Mowberry, 40a, SE 1/4 NW 1/4 Sec.15 T4 R2
      10-250: 15 Sept. 1853, Joseph Vaughan to Daniel Duncan, pt. SE 1/4 Sec.35 T6 R2
      11-412: 25 June 1856, Daniel Dunkin to Anthony Chase, pt. SE 1/4 Sec.35 T6 R2
      Quit; other William Duncan grantor & grantee deeds 1854-1863 not copied
 

COURT RECORDS

"Reports of cases argued and determined in the Supreme Court of Judicature of the State of Indiana" cases decided at November term 1887 not published in Volumes 112 and 113; by John W. Kern; Indiana Reports, Vol.114, pgs.169 to 175 (California State Law Library, Sacramento, 2/2004)
      DUNCAN et al. v. WALLACE; No. 12,148; Supreme Court of Indiana; 114 Ind. 169; 16 N.E. 137; March 20, 1888, Filed.
      From the Dearborn Circuit Court.
      [opinion] Elliott, J. -- The controversy in this case grows out of the will of William Duncan, deceased. Omitting the formal parts, that instrument reads thus:
      "Item 1st. I give and devise to my beloved wife the farm on which we now reside, situate in Washington township, Dearborn county, Indiana, containing about eighty-two acres, during her natural life, and all the stock, household goods, furniture, provisions and other goods and chattels which may be thereon at the time of my decease, during her natural life as aforesaid, she, however, selling so much thereof as may be sufficient to pay my just debts; and at the death of my said wife, the real estate aforesaid I give and devise to my sons John W. Duncan and James Duncan and their heirs; if, however, either of my said two sons should die before the decease of my said wife, leaving no children living at the decease of my said wife, then the share of said property above devised to such deceased son is hereby devised and bequeathed to my son William Duncan and his heirs.
      "Item 2d. I devise and bequeath to my son William Duncan and his heirs four hundred dollars, to be paid five years after the decease of my said wife.
      "Item 3d. I devise and bequeath to my two daughters, now married to Mathias Davis and W. W. Wilson, two hundred dollars each, to be paid seven years after the decease of my said wife.
      "Item 4th. I devise and bequeath to my two daughters, now minors, Catharine Duncan and Temperance Ann Duncan, each six hundred dollars, the oldest daughter to receive her six hundred dollars two years after decease of my said wife, and the youngest to receive her six hundred dollars four years after the decease of my said wife.
      "Item 5th. I do hereby nominate and appoint my beloved wife guardian of my minor children until they become of the age of twenty-one years.
      "Item 6th. I do hereby nominate and appoint my beloved wife, Catharine Duncan, and John W. Duncan executors of this, my last will and testament, hereby authorizing and empowering them to compromise, adjust, release and discharge, in such manner as they may deem proper, the debts and claims due me. I do also authorize and empower them, if it shall become necessary in order to pay my debts, to sell by private sale, or in such manner, upon such terms of credit or otherwise as they may think proper, all or any part of my real estate, and deeds to purchasers to execute, acknowledge and deliver in fee simple."
      The complaint of the appellee sets forth the will, avers that the widow of the testator elected to take under the will, that the testator left no other personal property than that taken by the widow, and that the only personal estate of which he died the owner was taken by her under the provisions of the will.
      The appellee contends that the legacy to Catharine Duncan is a charge upon the real estate of which the testator died seized, and the trial court sustained this view. The question for our decision is, was this holding correct?
      It is the cardinal rule in the construction of wills that the intention of the testator must be ascertained and carried into effect. This fundamental rule prevails where the question is whether a legacy constitutes a charge upon lands as well as in other cases. Where it appears from the will, either by express words or by fair implication, that it was the intention of the testator to charge the land he gives to a devisee with the payment of specific legacies, the devisee will take it subject to that burden.
      In determining whether it was the intention of the testator to charge legacies upon land, the words of the will are, of course, to be chiefly regarded, but assistance may be derived from circumstances existing at the time the will was executed. We do not mean that parol evidence may add words to the will or subtract words from it, but we do mean that parol evidence is competent to prove the situation and condition of the testator and his property.
      To illustrate, if a testator should have no personal property whatever, and of that fact have knowledge, parol evidence may be given to prove these facts in a case where legacies are specifically bequeathed. In this case we agree with appellee's counsel that, to the extent indicated, parol evidence is competent, and should be considered in construing the will.
      Where a testator gives legacies and so disposes of all his personal property that it can not be made available for the payment of the legacies, the natural presumption is, that he intended to charge the land with the payment of the legacies, since a different rule would attribute to him a purpose to make a gift in appearance and not in reality. This result, however, can only take place where it is clearly apparent that the personal property was, by the act of the testator himself, placed where it could not be made available for the payment of legacies. So, where a testator has no personal property at the time he executes a will and bequeaths specific legacies, the reasonable presumption is that he intended to charge them on the land, for it is not to be presumed that he did no more than make an empty show of giving a bounty to the legatees. But this presumption does not prevail where there is personal estate at the time the will was executed, although it may subsequently be lost to the testator. In discussing the general subject, it was said by Folger, C. J., that: "It is assumed that no man, in making a final disposition of his estate, will make a legacy, save with the honest, sober-minded intention that it shall be paid. Hence, when from the provisions of a will prior to the gift of legacies it is seen that the testator must have known that he had already so far disposed of his personal estate as that there would not be enough left to pay the legacies, it is reasoned that the bare fact of giving a legacy indicates an intention that it shall be met from real estate."
      In the case of McCorn v. McCorn, 100 N.Y. 511, 3 N.E. 480, a question of a character similar to that before us was presented, and it was held that the will impliedly charged the legacies upon the land, the court saying, among other things, that: "His personal estate was insufficient even to pay his funeral expenses, and the two legacies to the widow and son were mere mockeries unless meant to be a charge upon the real estate." The cases, ancient and modern, sustain this general doctrine. While we assent to the doctrine of these cases, we think that, in order to successfully invoke its application, it must appear that there was not sufficient personal property at the time the testator executed his will to pay the legacies. It is not enough that the personal estate subsequently fails, for, to justify a resort to the land, it must appear that the will so disposed of it as that it could not be made available for the payment of the legacies, or it must appear that the testator had not sufficient personal property at the time the will was made to pay the legacies and had knowledge of that fact.
      Personal estate is primarily the fund out of which legacies are to be paid, and where there is a specific devise of land, and no words creating a charge on it, the legacies must, as a general rule, be paid out of the personal property.
      As the personal estate is made by law the primary fund out of which legacies are to be paid, it must be held, in the absence of countervailing facts, that the testator intended that the personal estate only should be used to pay them. It follows from what we have said that the appellees can not charge the land, unless it appears from the complaint either that the testator had not sufficient personal property at the time the will was executed, or that he so disposed of it by the will as that it could not be made available for the payment of legacies.
      The complaint does not aver that the testator did not have personal property sufficient to pay the legacies at the time of his death. It does aver that the widow of William Duncan died leaving no part of the personal property bequeathed to her, and that the testator "left no personal property whatever other than that which was taken by the widow as allowed to her by the will." These averments do not assert that, at the time the will was executed, the testator did not have personal property sufficient to pay the legacies; on the contrary, they concede that there was then personal property, for they affirm that it was taken by the widow under the will. The case, therefore, must turn upon the question whether the will so disposed of the personal property as to prevent resort to it for the payment of the legacies. If the will gave all the personal property to the widow, leaving nothing of the personal estate undisposed of, then, under the authorities we have referred to, the land may be charged, but it is only in that event that it can be held for the payment of the legacies. Our conclusion is, that the will does not dispose of all the personal property of which the testator was the owner. The will gives the wife the land described, "during her natural life, as aforesaid, and all the stock, household goods, furniture, provisions and other goods and chattels which may be thereon at the time of my decease, during her natural life, as aforesaid, she, however, selling so much thereof as may be sufficient to pay my just debts." This, it is evident, disposes only of the personal property on the land, and it can not be assumed that this was all the property owned by the testator at the time the will was executed. He may, for anything that appears, have had other personal property at the time he executed his will. As the presumption is that a testator intends that legacies shall be paid out of the personal property, unless it is otherwise provided, we must hold that there was personal property, since the contrary is not averred. If there was personal property at the time the will was executed sufficient to pay the legacies, then its subsequent loss or sale would not warrant the presumption that the testator meant to charge the land. Whether this was or was not his intention is to be ascertained from the situation and condition of affairs at the time he made his will, and not from the condition of affairs at a subsequent time. If a man has abundant personal property at the time he gives a legacy, then the legatee is confined to the personal estate. If that subsequently fails, the legacy fails, unless the words of the will indicate a different intention.
      The right to resort to real estate is not a primary one, and the legatee who asserts that right must affirmatively show such facts as call it into existence. He can not invoke a presumption without facts to support it, or words sustaining it, for, without such facts or words, the presumption is in favor of the devisee. If the facts are not such as to create the presumption that the testator intended to charge the land the devisee will prevail, unless the language of the will itself creates the charge on the land.
      We are of opinion that only a life interest in the personal property was vested in the widow. She is not clothed with an absolute power of disposition, but has only authority to dispose of the property to pay debts. The words of the will creating her estate unequivocally limit her interest to one for life, and there are no words inconsistent with them. The estate expressly created is not enlarged by any superadded words; on the contrary, the power to dispose of the personal property is limited to a single purpose, that of paying debts.
      Another consideration of importance is, that the terms used in disposing of the personal property are substantially the same as those employed in disposing of the real estate, and they are associated together in one clause, thus evincing an intention to give the wife a life interest in both kinds of property. It would violate all rules of construction to hold that the testator created one estate in one kind of property and another estate in the other kind, where, as here, substantially the same words are employed in disposing of both kinds. This conclusion is strengthened by the fact that the legacies are made payable after the wife's death, thus indicating that a life-estate in all the property was devised to her.
      We can not avoid the conclusion, after a very careful study of the case, that the complaint as it now stands is insufficient.
      Judgment reversed.
      Filed March 20, 1888.
 

MILITARY RECORDS

Pension Index Card File, alphabetical; of the Veterans Administrative Contact and Administration Services, Admin. Operations Services, 1861-1934; Duff to A-J Duncan (negative FHL film 540,888, some cards very faint); Joseph Duncan to Dunn (positive FHL film 540,889, some cards very dark)
      Cataloged under Civil War, 1861-1865, pensions, indexes; does not say if Confederate or Federal, but probably Federal. Negative film, some cards much too faint or dark to read, some cards blurred or faded, particularly the service unit and the dates of application. Most of the very faint or dark cards were in a slightly different format, with space for years enlisted and discharged which were sometimes filled in. Many of these were for service in later years, although one or two were for service ca 1866.
      Name of soldier, alias, name of dependent widow or minor, service (military unit or units), date of filing, class (invalid or widow or minor or other), Application #, Certificate #, state from which filed (sometimes blank), attorney (sometimes blank, MAD: did not usually copy), remarks. Sometimes the "Invalid" or "Widow" class had an "s" added to it before the application #; occasionally the area for the service information included a circled "S". The minor's name was frequently that of the guardian rather than the minor.
      The military unit was frequently the Company Letter, the Regiment Number, sometimes US Vet Vol Inf. (US Veteran Volunteer Infantry), L.A. (Light Artillery), H.A. (Heavy Artillery), US C Inf (US Colored? Infantry), Cav. (Cavalry), Mil. Guards, V.R.C. (?Volunteer Reserve Corps?), etc. Sometimes there were several service units given.
      Cards appear to be arranged by the last name, first name, middle initial if any, and state (including "US") of service.
      Duncan, Daniel, widow Duncan, Catherine; A 63 Ill. Inf.; 1888 Oct. 22, Invalid Appl. #676436, Cert. #461463, Ind.; 1894 Nov. 24, Widow Appl. #604895, Cert. #434240, Ind. (MAD: Enlisted Olney, Richland Co. IL; ?? 1870-1880 Dearborn Co. IN, b.1831 IN)
 

REFERENCES FROM OTHER LOCALITIES

Ripley Co. IN Deed (FHL film 1,312,537)
      D-175: 4 June 1827, John Muir and wife Mary (X) of Clermont Co. OH to William Duncan of Dearborn Co. IN, $50, 11.5 acres in NE corner Sec.26 T8 R11E; wit. Sterling Bagley, Otho Pearre; rec. 12/30/1834.
 

HISTORIES before 1923

"History of the Sixty-eighth Regiment, Indiana Volunteer Infantry, 1862-1865 : with a sketch of E.A. King's Brigade, Reynolds' Division, Thomas' Corps in the Battle of Chickamauga" by Edwin W. High; pub. Indiana: Published by request of the Sixty-eighth Indiana Infantry Association, 1902, 476 pgs. (LH13203, HeritageQuest images 5/2007)
      Pg.5: Enlistment and muster-in. ... Company K was recruited in Dearborn and Decatur counties, principally in Dearborn, ... corporals ... Joshua Duncan.
      Pg.337: Appendix. Company K, Corporals: Duncan, Joshua.
      Pg.390: Kelly's Division (Wheeler's Corps) ... Reserve Artillery. Maj. Felix H. Robertson. Sengstak's (Alabama) battery, assigned November 19, not accounted for in reports. Georgia Battery (Havis'), Lieut. James R. Duncan.
 

"History of Dearborn County, Indiana : her people, industries, and institutions" ed. by Archibald Shaw; pub. Evansville, Ind.: Unigraphic, 1915, 1082 pgs. (originally pub. B.F. Bowen & Co., 1915) (LH8983, HeritageQuest images 4/2007 & 5/2007; FHL book 977.211 H2h and film 931,796)
      Pg.217: Sparta Township. James Duncan emigrated from Maryland and settled in Sparta in 1815.
      Pg.250: City of Lawrenceburg: George S. Duncan, Ohio & Mississippi ticket agent.
      Pg.293-294: Military history - Roster K of the Fourth Regiment: discharged for disability, John Duncan. The Fifth Regiment ... William Duncan.(4)
      Pg.304-305: The Sixteenth Indiana ... musicians ... Thomas F. Duncan ...
      Pg.332: ... Wounded ... Privates Samuel E. Duncan, ...
      Pg.371: Medical profession. ... Present physicians ... in Dearborn county ... W.F. Duncan, of Manchester ...
      Pg.582: Harry E. Fisher - paternal grandfather was James A. Fisher, Bracken Co. KY, died 1910 age 89, wife Rebecca (Dawson), children William S., Mary (Markley), Mattie (Duncan), J. Gates, George B., Lessie, and Edward, deceased. (MAD: no other dates)
      Pg.603-604: ADOLPHUS W. BENNETT, born Jan. 22, 1855, at Wright's Corner, Indiana, son of John and Phoebe (Duncan) Bennett. ... John Bennett, father, was born on Sept. 30, 1823, in Warren Co. OH, married Phoebe Duncan, Oct. 25, 1848, shortly after coming to Dearborn county. She was born on Oct. 25, 1823, in Manchester township and met her husband while on a visit to Ohio. ... Mrs. John Bennett was a daughter of William and Phoebe Duncan, pioneers of this section. She died on September 3, 1901. Their children were: Adolphus, Hattie, who died in 1887, and five who died in infancy. ...
      Pg.764: George A. Riggs married 1848 to Elizabeth Elder ... to this union were born eight children: Charles Henry, John L., Sarah, Jemima, Emma, William Duncan, and two who died in infancy. ... (MAD: William Duncan Riggs, middle name)
      Pg.826 (starts pg.824): DASHIELL ... John Dashiell, the paternal grandfather, was born on February 27, 1786, in Worcester county, Maryland, and was united in marriage on July 6, 1809, with Amelia Duncan. They came to Sparta township in 1818 ... He later moved to Momence, Illinois, returning in 1863 to Moores Hill, where he bought his son's old home in Moores Hill, and lived on it until his death. ... John and Sara Dashiel were the paternal great-grandparents, the former having been born on April 17, 1751, and died on December 15, 1816. Sara Dashiell was born on June 11, 1751, and died on November 1, 1843, in her ninety-third year. Amelia (Duncan) Dashiell was born on February 17, 1794, in Worcester county, Maryland. She was a daughter of Thomas and Fannie Duncan. John and Amelia (Duncan) Dashiell were the parents of eleven children, namely: Sallie Q., Elizabeth, Emaline, John Thomas, Fannie C., Mary, Charles R., William M., Drusilla, Amelia J., and one who died in infancy.
      Pg.1051-3: WILLIAM F. DUNCAN, M.D., son of Josiah Duncan and Melissa (McMullen) Duncan, is a native of Manchester township, his birth occurring on December 28, 1864. ... was married to Mrs. Mary (Bidner) Becker, whose first husband was Harry Beckner (who worked at) Lawrenceburg, IN. Mrs. Duncan was born in Manchester township, April 12, 1865, and is a daughter of Peter and Dorothy (Fillenworth) Bidner. Mr. and Mrs. Duncan have two children, Stanley and Ruby.
      Josiah Duncan, father of William F. Duncan, was a native of Sparta township, Dearborn county. He was born in 1837, and was educated in the schools of the township. ... to the time of his marriage to Melissa McMullen, which took place on October 13, 1861. ... to Manchester township ... to Kyle, where Mr. Duncan died on September 4, 1899. ... His wife was Melissa McMullen, who was born on July 30, 1841, in Manchester township, and is a daughter of William and Melvina (Ketchum) McMullen. ... To Mr. and Mrs. Josiah Duncan were [born] four children, James, William, Elizabeth and George, who died in youth.
      James Duncan became a very successful physician of Pawnee, Illinois, where he died. He was born in Manchester township, ... He was ... at the time of his death, ... He was united in marriage with Elizabeth Brunk. She and their only child, William Thomas, survive him.
      Elizabeth Duncan, the only sister of the subject of this sketch, is now the wife of Robert Withered, ... Manchester township, and has two children, George and Lester.
      The paternal grandparents were James and Mary Duncan, both natives of Maryland. They came to Dearborn county in the early pioneer days, ... By his first wife Mr. Duncan had six children, John, Henry, William, Joshua, Ann and Eliza. By his second wife, Mary, he had four children, Josiah, James, Robert and Thomas.
      Pg.1059: PETER BIDNER was married in May, 1858, to Dorothy Fillenworth, ... parents of six children, John, Anna, Mary, Elizabeth, Caroline who died at the age of four, and Emma. ... Mary Bidner became the wife of Harry Becker, an engineer on the Big Four railroad, who was killed in a wreck at Lawrenceburg, Indiana, leaving a widow and two children, Wilbur and Eleanora, both of whom died young. Mrs. Becker was married, secondly, to Dr. William Duncan, a prosperous physician of Manchester. Mr. and Mrs. Duncan have had two children, Stanley and Ruby. ...
 

"History of Dearborn and Ohio Counties, Indiana : from their earliest settlement : containing a history of the counties, their cities, townships, towns, villages, schools, and churches, reminiscences, extracts, etc., local statistics, portraits of early settlers and prominent men, biographies, preliminary chapters on the history of the North-west Territory, the state of Indiana, and the Indians." (anonymous); pub. Chicago: F.E. Weakley & Co., 1885, 980 pgs. (LH6241, HeritageQuest images 4/2007; FHL book 977.21 H2h 1977 and film 924,510 items 1-2 and 934,901 item 1)
      Pg.222-223: Military history ... July, 1863, ... Wounded - privates, Samuel E. Duncan, ... (MAD: Dearborn Co.)
      Pg.729: GEORGE M. GIVAN, farmer, Sparta Township, was born in that township June 19, 1827. His parents, Gilbert T. and Sarah C. (Merrill) Givan, were natives of Maryland and Virginia, respectively. The former was a son of Robert and Catherine (Duncan) Givan, who were both natives of Maryland, and were born, the former March 12, 1760, and the latter September 3, 1763. They were married in Maryland, January 6, 1781, and had born to them six children, namely: Hetty, Sallie, Margaret, Gilbert T., Elizabeth and Matilda. The mother died July 13, 1795, and the father was again married, October 28, 1795, to Rosey Burton by whom they had one child - Nancy. This wife died May 5, 1797, and he subsequently married Ruth Robinson. She died April 12, 1817, and he again married, January 28, 1818, Priscilla Cottingham, and in 1828 started for Indiana, and died April 26, 1828, while en route, about ninety miles from Baltimore, MD. His wife came on through to Indiana in company with John Burbage and family, and died in Dearborn Co. January 8, 1829. Gilbert T., the father of our subject, was born in Worcester Co. MD, July 31, 1789, and was married in Accomac Co. VA, December 2, 1813, to Sarah C. Merrill ... to Dearborn Co. IN April, 1818.
 

1875 "Atlas of Dearborn Co. IN" pub. by Lake, Griffing & Stevenson (SUTRO microfilm 277 reel 50 book 192, CA State Library, Sutro Branch; also FHL book 977.211 E3L)
      Pg.72, Sparta Township: Duncan, William, P.O. Sparta, residence Sparta, farmer, born Dearborn Co. IN, settled in Co. 1831.
 

1878 "The history of Will County, Illinois : containing a directory of its real estate owners, map of Will County, history of Illinois, history of the Northwest" pub. by Wm. LeBaron Jr. (FHL book 977.325 H2h 2 parts)
      Pg.835: Channahon Twp. Joseph Fitch, MD ... born Genesee Co. NY on July 29, 1825; he married Miss Harriet A. Duncan on July 20, 1852; she was born in Dearborn Co. IN on Feb. 2, 1826; they had two children, one living, viz, Mary E. He lived in NY until 1847, then Dearborn Co. IN; April 1852 to Channahon, then returned to Indiana where he married and came back to Channahon.
 

FAMILY RECORDS

Portion of Givan Family Bible (from Opal Hughes 9/2002 who has the Bible; not an exact quote; added information from Opal in parentheses)
      Robert Givan, born 12th of March 1760
      Catherine Duncan, born 3rd of Sept 1763
            Married 6th of January in 1781.
      Catherine Duncan died 13th July 1795
            (Opal: Robert Givan married three more times)
      Gilbert Givan, born 31st July 1789
      Gilbert Givan married Sarah C. Merrill 2nd December 1813
            (Opal: married in Accomac County, Virginia; to Dearborn Co. IN 1818, buried in Dearborn County, Indiana, near Sparta)
      MAD: ? perhaps the Catering Givan in the will of Thomas Duncan Sr. dated 13 April 1790, proved 28 April 1790, which named sons Thomas, Caleb, Isaac, William, wife Mary, daughters Saray Davis, and Catering Givan; recorded on folio 249 in Worcester Co. MD Will Book JW-13, 1783-1790 (from pg.45, "Worcester Co. MD Will Book JW-13, 1783-1790" by David V. Heise, FHL book 975.221 P28he, and annotated by "A Closer Look at Worcester Co. Wills" by David V. Heise, errors & omissions ... 1666-1851, FHL book 975.221 P28h)
      MAD: an obituary for Amelia Dashiell, b. 17 Feb. 1794 Worcester Co. MD, d. 22 Dec. 1836 Dearborn Co. IN, dau. of Thomas Duncan, wife of John Dashiell, published in the issue of 17 Feb. 1837, was given on pg.24 of "Abstracts of Obituaries in the 'Western Christian Advocate' 1834-1850" by Margaret R. Waters, Dorothy Riker and Doris Leistner, 1988 (FHL book 973 V4w)
 

END

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