Duncan research files of
1810 Hopkins Co. KY Census No Duncan indexed 1820 Hopkins Co. KY Census; semi-alphabetic Pg.240 Duncan, Benjamin 200010 - 10010 Duncan, John 000210 - 00010 1830 Hopkins Co. KY Census Pg. 47 Coleman Duncan 0000,11 - 0 (MAD: son of Jesse d. 1818) Benjamin Duncan 1210,001 - 1010,001 (MAD: ? 1840-1850 ? Henry/Rives Co. MO census) 1840 Hopkins Co. KY Census Pg.388 William Duncan 0101,0001 - 2121,01
1850 Hopkins Co. KY Census
Pg.87, #548, Hamton BRASHER 32 KY farmer $630
Mahala 23 KY
Emsley H. 9, Joseph A. 8, Lucinda 2 KY
Achgena? J. (f) 6/12 KY
(MAD: Hampton Brasher mar. Mahala Duncan 12/13/1847)
Pg.94, #651, Mary METCALF 56 VA (blank) $800
Nancy 20 KY
(MAD: Polly Duncan mar. Isaac Metcalf 11/29/1821, she the dau. of Jesse Duncan d.1818)
Pg.95, #660, Lucinda DUNCAN 49 TN $600
Robert E. 27, James F. 20, Mary A. 13 TN
Martha 10, William V. 8 TN
(MAD: widow of William? from Bedford Co. TN? 1830; see St. Louis Co. MO will)
1860 Hopkins Co. KY Census
Pg.745, #1047-1047, Joseph WOODRUFF 69 SC farmer $0-$600
Lucinda 58 TN (blank) $500-$100
Martha V. DUNCAN 20 KY
Pg.745, #1048-1048, Robt. E. DUNCAN 37 TN farmer $500-$800
Susan 38 KY
(MAD: Robert E. Duncan mar. Susan Hamby 4/9/1851)
1870 Hopkins Co. KY Census (also from June Ricketts 1987)
Nebo, 4th Prct
Pg.81, #223-223, DUCAN, John 21 TN laborer $0-$100 (white)
Camella 17 KY keeping house
Clara 6/12 b.Dec. KY
Charleston Precinct #5
Pg.91 (7), #41-41, DUNCAN, Robert 45 TN farmer $800-$700
Susan 44 KY keeping house
Eudora (f) 9, Margaret 8, John 5 KY
Fisher Springs Precinct #6
Pg.129 (32), #222-222, DUNCAN, William 57 KY farmer $500/$500
Martha 47 NC keeping house
William 10 AL
Calvin 8 GA
Mary 23 TN
Martha 5 GA
Robert 2, Victoria 5/12 KY b.Dec.
(MAD: ages above as given; ?? Jackson Co. AL 1860 census, William 38 KY, wife Martha 37 NC; Guy N. Farley info 9/1996: William T. Duncan b. 12/1/1859 AL)
Hopkins Co. KY Wills (FHL film 554,882 Index and Book 1)
1-313: 9 Sept. 1818, Jesse Duncan of Hopkins Co. KY, sick and low state of health; to sons Coleman and James the tract of land on which I now live to be equally divided between them; also to said Coleman one horse, one bed and 3 negroes Joseph, Shadrach & Milly; also to said James one bed and 2 negroes Siomon? and Gilburd. To daughter Jane 1 negro woman Siller? and her increase during life of said Jane and said Silla and her children to be equally divided between the daughters of said Jane at her death. To daughter Polly two beds ? one horse and 2 negroes Nancy and Abraham and their increase during the life of said Polly and at her death the said negroes to my son Coleman, but in case Polly should marry and have children, the said negroes Nancy & Abraham to Polly during her life and then equally divided among her children. To my son William $500 to be paid to him in a waggon and horse and if said waggon and horse should not amount to the $500 the balance is to be paid to him by my executor at the expiration of 3 years. To my sons John, Jesse and Robert 3 negro fellows Winston, Jonathan and Jere, if they can agree on the division of said negroes, I wish them to do so but if they cannot said negroes are to be sold and the proceeds of sale to be equally divided between them at the expiration of three years which time my son? R? cost? is to take charge of same ... and keep them hired out for the purpose of raising money to pay my debts. I wish all my personal property be sold and the proceeds applied to the payment of my debts. Appoint son Robert sole executor and request him to give my sons Coleman and James as much money as will be necessary to start them in their business out of the proceeds of the sale and the hire of the negroes. Wit. William Metcalfe, Alexr. Miller, Henry Miller. Recorded Dec. Court 1818 on oath of Alexander Miller and Henry Miller. (MAD: son Robert to St. Louis, MO, where he freed slave Johnathan in 1822; Johnathan b.1794 VA and Umston b.1790 VA in St.Louis Co. MO 1850 census; Jerre b.1802 VA in St.Louis Co. MO 1860 census) (MAD: one Jesse Duncan possibly mar. Anne Pigg 5/1/1784 Pittsylvania Co. VA but no proof same man)
1-322: Jesse Duncan appraisal, not copied
Hopkins Co. KY Deeds (FHL film 551,674 grantor index; FHL film 551,678 grantee index)
(Note: Films with two deed books often have second book as negative)
1-354: 12 Feb. 1816, Collin Carter of Lincoln Co. KY by William Gordon his attorney, to Jesse Duncan of Hopkins Co. KY, $500, 300 acres on Cainey Fork of Tradewater, corner Metcalfe, Alexander Miller. No wit. (FHL film 551,682)
5-194: 6 Feb. 1828, Watkins Fuquay to Jesse Duncan, both Hopkins Co. KY, Fuquay owes Duncan $200, mortgage slave. (FHL film 555,289)
5-291: 6 Feb. 1829, John Duncan mortgage to Absalom Ashby, waggon; Ashby security for Duncan for $90 for injunction bond in Hopkins Co. Circuit Court to Joseph Woodruff. No wit. (FHL film 555,289)
5-315: 8 July 1828, William Metcalfe and wife Elizabeth to Benjamin Duncan, both Hopkins Co. KY, $186, 160 acres on Elk Run, a branch of Caney Fork of Tradewater. (no neighbors given) No wit. (FHL film 555,289)
5-339: 3 Aug. 1829, James Duncan of Hopkins Co. KY appoint my brother Coleman Duncan of same, attorney to conduct business. No wit. (FHL film 555,289)
7-57: 6 Dec. 1833, William Duncan to Benjamin Duncan, both Hopkins Co. KY, mortgage furniture & livestock for $50 which William owes Benjamin. Wit. Braen? Punsley?, Alex. Miller. (FHL film 555,290; negative)
7-143: 3 June 1834, Coleman Duncan of Hopkins Co. KY to James Duncan of town of Galena [Jo Daviess Co.], IL, for $100 which was paid in discharge of a mortgage given by said Coleman Duncan in 1832 to Benjamin Warren?? for restitution? of debts; Coleman conveys to James Duncan interest in land supposed to contain between 150 and 200 acres, being Coleman's undivided half part of land in Hopkins Co. devised by Jesse Duncan, father of said Coleman & James Duncan, and by the will supposed to contain 300 acres; the intent hereof being to convey Coleman's half of the land to James. No wife, no wit. (FHL film 555,290)
7-307: 1835, Isaac Metcalf to Benjamin Duncan, 50 acres Tradewater (cannot read; negative print; this info from index)
9-273: 16 Aug. 1839, Benjamin (X) Duncan and wife Jane to William Gilliland, both Hopkins Co. KY, $300, 2 tracts on Caney Fork of Tradewater River, one of 160 acres except 20 acres in NW corner sold by Duncan to Simpson F. Galloway for which Galloway holds the bond of Duncan; the other tract 50 acres. Wit. J. Bishop, Benjamin Pastchell. (FHL film 555,291)
10-308: 22 Feb. 1842; Suit in chancery Court, Elijah May vs. John Duncan, Howell L.L. Duncan, Enoch Hoff and wife Nancy, Levi Cole and wife Sally, and Rachel a free woman of color, surviving heirs and devisees of John Peyton decd; June 1841 court decree; 100 acres and 250 acres conveyed for sum of $111.90 paid by defendants (Duncans) to complainants (May), being 6/10ths the amount paid for taxes &c and the trouble & expense of redeeming the land which should be refunded, the remaining 650 acres be sold if needed for that purpose; also pay 1/10 the cost of division; deed 100 acres and 250 acres to complainants Elijah May & his heirs; reference to patent to John Peyton by VA dated 26 May 1792. (FHL film 555,292) (MAD: see Fluvanna Co. VA & Washington, Fayette, etc. Cos. OH)
10-310: 22 Feb. 1842; similar to 10-308, deed 650 acres to James Bishop, the highest bidder. (FHL film 555,292)
1-122 & later; Circuit Court deeds: Howell L. Duncan, John Duncan, etc., not copied
Deeds, v. 14-15 1847-1851 (FHL film 555,294; SLC 5/2/2013)
15-194/196: 23 Aug. 1850, Orlean Bishop, Commissioner under decree of Hopkins Circuit Court, KY, to Elijah May of (blank) county, VA, that a chancery suit wherein said Elijah May is complainant and John Peyton's devisees and others are defendants at July term 1849, it was decreed ... bills of John D. Byard & others to answer and cross bill of James Bishop ... the decisions made under the decrees and interlocutory decrees be annulled, the Complainant is entitled under his deed and purchase from the defendants Farm? and Suckey to 100 acres of medium quality out of said tract of land to be laid off to him and the complainant May is under his deeds from defendant John Duncan entitled to one equal undivided fourth part of the residue of the tract of land after laying off the 100 acres afsd. That the defendants John D. Byard & als the heirs at law of Nancy Hoff decd. late Nancy Duncan, one of the devisees of John Peyton decd. are collectively entitled to one equal fourth part of the residue of said tract of land. That the defendants Levi Cole and Sally Cole his wife late Sally Duncan another of the devisees of said John Peyton decd. are entitled to one equal fourth part of the said residue. And that the said defendant Howell L.L. Duncan, the only remaining surviving devisee of said John Peyton decd. is entitled to the one equal remaining fourth part of the residue. It is further decreed the Commissioner hereinafter appointed go on the tract and divide it ... It is further ordered that Samuel Morton be appointed the Commissioner. He went out and made the devision and reported at March term 1850, and at July term 1850 the report was adopted, and Orlean Bishop is appointed Commissioner to convey by deeds or partition and release to each of the parties the lots of ground allotted to them ... Laid off to said May 100 acres ... on the back of Tradewater River and laid off to said May for his fourth part of the residue, 230 acres in a line of his 100 acre survey ... Spotswood's corner on the Bank of sd River. Now Orlean Bishop Commissioner in behalf of all the other devisees of John Peyton decd, quit claim to said Elijah May the parcels of ground ... /s/ Orlean Bishop Comr. Sept. term 1850, produced in court and ack. (FHL film 555,294)
15-197/199: 23 Aug. 1850, Orlean Bishop Commissioner ... to Levi Cole & Sally Cole his wife late Sally Duncan devisee of John Peyton decd, said Cole & wife of the county of (blank) and State of OH, that ... [suit in chancery, Elijah May vs. John Peyton's devisees] ... laid off to said Levi Cole and Sally his wife late Sally Duncan 244 acres ... corner to John D. Byard &c, corner to H.L.L. Duncan, then ... to the beginning, with appurtenances, Now Orlean Bishop Commissioner in behalf of all the other devisees of John Peyton decd, quit claim to said Levi Cole and Sally Cole his wife late Duncan the parcels of ground ... /s/ Orlean Bishop Comr. Sept. term 1850, produced in court and ack. (FHL film 555,294)
15-199/201: 23 Aug. 1850, Orlean Bishop Commissioner ... to John D. Byard and Prudence his wife of Hopkins Co. KY and James P. Hoff, Samuel H. Fuller and Angelina his wife, and William J. Jarvis & Sarah S. Jarvis his wife of (blank county/state), heirs of Nancy Hoff late Nancy Duncan decd, one of the devisees of John Peyton decd, that ... [suit in chancery, Elijah May vs. John Peyton's devisees] ... laid off to said Byard & wife & others heirs of Nancy Hoff late Duncan decd 231 acres, Orlean Bishop Commissioner in behalf of all the other devisees of John Peyton decd, quit claim to said Byard and wife, Hoff, Fuller & wife & Jarvis & wife born of Nancy Hoff as afsd the parcel of ground ... /s/ Orlean Bishop Comr. Sept. term 1850, produced in court and ack. (FHL film 555,294)
15-201/203: 23 Aug. 1850, Orlean Bishop Commissioner ... to Howell L.L. Duncan of county of (blank), State of OH, one of the devisees of John Peyton decd, that ... [suit in chancery, Elijah May vs. John Peyton's devisees] ... laid off to said Howell L.L. Duncan under the decree 265 acres, corner to E. May's 100 acre survey, corner to said May's 230 acre survey, with Spotswood's line. Orlean Bishop Commissioner in behalf of all the other devisees of John Peyton decd, quit claim to said Howell L.L. Duncan the parcel of ground ... /s/ Orlean Bishop Comr. Sept. term 1850, produced in court and ack. (FHL film 555,294)
15-450: Howell L. Duncan, John Duncan, etc. to Elijah May, James Bishop, etc.; commr. deeds; not copied
18-239: 12 Oct. 1853, Robert W. Duncan to John R. Cook and John Barret, $135, land I bought this day of Thomas Fitzsimons of record in Circuit Court Clerk's Office; executed my notes; mortgage. (FHL film 555,296)
20-375: 13 March 1856, Robert E. Duncan and wife Susan Ann (X) to Thomas Crabtree, both Hopkins Co. KY, $400, 100 acres on Caney Fork & Sugar Creek, corner Sarah Sutton & Livinia Thompson. No wit. (FHL film 555,297)
20-606: 26 Dec. 1855, James F. Duncan to Alexander Miller, both Hopkins Co. KY, $105, as heir of William Duncan decd, 300 acres on Cany Fork of Tradewater, corner Alexander Miller, Metcalf. Wit. J.W. Hainley?, M.R. Harnby (Hainley?). (FHL film 555,297)
25-402: 23 Sept. 1863, Hopkins Co. Circuit Court comrs. to Mahala Brashier, wife of Hampton Brashier, to lay off to said Mahala Brashier late Duncan, wife of said H. Brashier, who was a child of Wm. Duncan decd, by virtue of a judgement in action, Wm. Duncan heirs vs. Wm. Duncan heirs, pending in said court; 1/9 part of whole tract and 1/8 part of 1/9 part, her share of her brother Wm. Duncan decd; her share 52 acres on Caney Creek, except that portion which lies in the dower during the life of Lucinda Woodsaff, late widow of Wm. Duncan decd. (FHL film 555,300)
"Reports of cases at common law and in equity decided in the Court of Appeals of Kentucky" ("Kentucky Reports" [Vol.] 28-29 - MARSHALL) by J.J. Marshall, Vol.V and VI; Vol.29, pg.520 to 522 (California State Law Library 12/2003)
HILL vs. GORDON; Court of Appeals of Kentucky; 29 Ky. 520; 6 J.J. Marsh. 520; October 14, 1831, Decided.
Appeal from the Hopkins circuit; ALNEY MCLEAN, Judge.
Judge UNDERWOOD, delivered the opinion of the court. ON the 9th of May, 1826, U. K. Peebles executed an obligation to Gordon for $150, payable twelve months after date in cash notes, &c. In February 1827, Gordon assigned said obligation to Jessee Duncan. On the 7th of September, 1827, Peebles confessed a judgment in the Hopkins circuit court, upon said obligation for $116.50 cents, in damages and costs. On the 18th September, 1827, an execution issued on said judgment, which with another execution, was levied on a press which sold for $2.50 cents only, to be apportioned between the executions. The officer returned "no other estate found." There was a term of the Hopkins circuit court, allowed by law, in June 1827, but from some cause no court was then held, as proved by the clerk.
It appears that the obligation aforesaid, was given by Peebles, in consideration of a contract for the purchase of a house and lot in Madisonville, and that thereafter, Peebles and Gordon rescinded the contract, when Gordon executed an instrument of writing to the following effect: "I owe U. K. Peebles one hundred dollars, Commonwealth's paper, which I am to pay on an execution now in the hands of the sheriff of Hopkins county. Jesse Duncan, assignee, against said Peebles, this 29th October, 1827. A. G. GORDON."
Gordon having failed to pay the $100 according to his covenant, on the 9th of August, 1828, suit was instituted against him for the failure, in the name of Peebles, but for the use of Hill; and in the ensuing September judgment was obtained by default for $100 damages and costs, the plaintiff endorsing his willingness to receive the commonwealth's paper.
Gordon then filed his bill, enjoining the collection of the judgment in the name of Peebles, for the use of Hill, upon the ground that as assignor he was responsible to Duncan, who, in consequence of the insolvency of Peebles, would be unable to collect the residue of his judgment, and that he designed to guard against this responsibility in rescinding the contract with Peebles.
The court decreed a perpetuation of the injunction, and required Gordon to pay the $100 in Commonwealth's bank paper to Duncan's administrator, and that the judgment, Duncan vs. Peebles, should be credited by the amount, and Hill was required to pay costs, both to Gordon and the administrator of Duncan. From this decree Hill has appealed.
The decree cannot be sustained. There is no ground upon which Gordon can be exonerated from paying the costs of the suit at law, instituted against him by Peebles for the use of Hill. Gordon had failed to comply with his covenant. An action at law was the proper remedy to coerce him. The costs incurred were the consequence of his wrong, and he should pay them. The decree prevents their collection from him.
We also think the decree erroneous upon the main question. Gordon does not appeal to the chancellor with a good grace. He has never offered to comply with his covenant, by tendering the money. It is proved that he denied his responsibility, as assignor to Duncan, charging the latter with laches, and threatening to purchase claims on Peebles at a discount, in order to meet his covenant for the $100 currency. He was displeased with Hill, (who seems to be a bona fide holder of the judgment in Peebles' name) for defeating this project of buying up claims on Peebles, with which to settle the covenant. He thus manifests a culpable repugnancy to comply with his contract, and evinces a disposition to make gain by its violation, and then when damages are recovered at law for its breach, he applies to the chancellor for a specific execution of it, having no better equity than the assumption of a liability, as assignor, which he had disclaimed. To say the least, it is doubtful whether the liability thus assumed really exists. Duncan's delay in proceeding against Peebles by due course of law, exonerated the assignor unless there had been some stipulation to continue bound notwithstanding the delay, or unless the fact of there being no court held at the June term excuses the delay. It does not appear that Gordon authorized Duncan to delay bringing suit. Whether it be or be not sufficient, to say, that judgment was obtained by Duncan against Peebles as early as if suit had been brought the day after the obligation became payable, in consequence of no court being held in Hopkins at the June term 1827, need not now be determined: Because it does not appear that Peebles was a resident of Hopkins county. It is proved that he moved to Christian, but the precise time is uncertain. Upon a consideration of the whole case, we are of opinion that Gordon's bill should have been dismissed with costs, and his injunction dissolved, with damages.
Wherefore, the decree of the circuit court is reversed with costs, and the cause remanded, with directions to decree in conformity with this opinion.
"Reports of select cases decided in the Court of Appeals of Kentucky" ("Kentucky Reports" [Vol.] 33 - DANA III) by James G. Dana, in 9 Volumes, all the cases reported in the year 1835, Vol.III; Vol.33, pg.15 to 17 (California State Law Library 12/2003) (MAD: see also Madison Co. IL)
BISHOP v. DUNCAN; Court of Appeals of Kentucky; 33 Ky. 15; 3 Dana 15; April 14, 1835, Decided.
From the Circuit Court for Hopkins County.
Chief Justice ROBERTSON delivered the Opinion of the Court. A SLAVE supposed to be the property of James Duncan, having been sold in satisfaction of an execution which had been issued against him in favor of Bishop, Coleman Duncan, who claimed the slave in virtue of some alleged transfer from James Duncan, afterwards sued Bishop, in trespass, for the sale, and recovered two hundred and seventy seven dollars in damages.
Bishop then filed a bill in chancery for a new trial, alleging that, since the trial, he had discovered that he could prove by several persons, that both James and Coleman Duncan had admitted, sometime prior to the trial, that the pretended contract, in virtue of which Coleman claimed the slave, and had recovered damages, was only colorable, and was intended to frustrate the creditors of James; and alleging, also, that Coleman had assigned to James his judgment for damages, which exceeded the amount of the execution which had been satisfied by the sale of the slave; and therefore praying that, if a new trial should not be decreed, the court would decree a set-off, and a perpetual injunction for the amount of the execution against James Duncan, which had been returned satisfied in consequence of the sale of the slave.
The court having decreed the set-off, and dismissed the bill as to the residue, with ten per cent. damages, the appellant now insists, that the decree for dismission and for damages is erroneous.
As to the damages decreed, it is necessary only to remark, that there is no error in that particular, if the partial dissolution of the injunction was right; which last and more important question, therefore, is the only one to be now considered.
There is no proof, or even suggestion, that the judgment for damages was fraudulently procured, except so far as every judgment which the party obtaining it knew to be unjust, might be deemed to have been procured fraudulently.
If then the appellant be entitled to any other decree than that which was rendered, it must be only in consequence of the alleged discovery -- a decree that, unless the appellees will consent to a new trial of Coleman Duncan's action for damages, the injunction should be perpetuated for the whole amount of the judgment; for the Chancellor could not revise the judgment, or adjudicate on the merits of the action at law; and the only ground on which he could have decreed the set-off, is, that, in consequence of the judgment against Bishop, he had made nothing upon his execution against James Duncan, which had been returned satisfied; and that, having therefore an equitable claim against him for the amount of the execution so satisfied and returned, he therefore might have been entitled to a set-off against Coleman's judgment, which, in consequence of his assignment, belonged equitably to James.
But the well established rules of equity will not allow a decree for a new trial. Not only was the alleged fraud involved in the issue of the case at law, but there is no sufficient allegation that the appellant might not, by ordinary and proper vigilance and exertion, have been enabled to avail himself, on the trial, of the benefit of the testimony alleged to have been discovered since the trial, or to have obtained a new trial upon motion. The stability of rights fairly adjudged, the expediency of putting a reasonable end to litigation, and the security of justice all forbid that the Chancellor should interpose in such a case and disturb the judgment.
Consequently, however satisfactorily the facts now exhibited may tend to prove the alleged fraud, and the consequent injustice of the judgment, authority and policy forbid the interference of the chancellor beyond the extent of the decree which has been rendered.
Wherefore, the decree of the Circuit Court must be affirmed.
Greene Co. IL Deeds (SLC 9/11-13/2013)
C-183/184: 5 April 1831, Coleman Duncan of Hopkins Co. KY to Titus Cornwell of Greene Co. IL, for $170 paid, sell parcel of land in Greene Co. IL, W 1/2 SE 1/4 Sec.21 Twp.9N Range 13W containing 80 acres, together with appurtenances, warrant title. /s/ Coleman Duncan. Wit. John W. Scott, John Stafford. Ack. 5 April 1831 by Coleman Duncan before John W. Scott, J.P. Recorded April 16, 1831. (FHL film 1,310,006; SLC 9/11/2013 & 12/9/2013) [MAD: see also Madison Co. IL and Logan Co. KY]
Madison Co. IL Deeds (SLC 12/12/2013)
26-405/407: That at the Oct. term of Madison Circuit Court, IL, in 1844, decree was entered, William N. Wickliff vs. James Duncan, William Duncan, John Duncan, Benjamin Duncan and Jane Duncan his wife and Mary Metcalf, heirs at law of Coleman Duncan, deceased, and George R. Stoker, Bill for Relief & Specific Performance. And now at this day again came as well the said complainant by G.T?.M. Davis and Edward Keating his solicitor as the said defendant James Duncan by W. Martin his solicitor and the cause set for hearing ... the answer of said James Duncan exhibited, and court having heard the evidence and argument of council ... a judgment pro confesso had passed by other defendants in the cause at a prior ?? term of this court, doth order and adjudge and decree that defendant George R. Stoker convey by a good deed of warranty to the said James Duncan, William Duncan, John Duncan, Benjamin Duncan and Jane Duncan his wife and Mary Metcalf, heirs at law of Coleman Duncan decd in the pleadings mentioned within 30 days from the date of the decree, Lot No.8 in Block No.2 in town of Collinsville in Madison Co. IL, being the tract or lot of land mentioned in the complaint ... in the event that George R. Stoker neglecting or refusing to convey the lot or tract of ground to the above heirs at law of said Coleman Duncan decd within the time above, in that case John G. Cameron Esq. the Master in Chancery of this Court is hereby appointed a commissioner for such purpose ... after the deed is recorded, the said James Duncan, William Duncan, John Duncan, Benjamin Duncan and Jane Duncan his wife and Mary Metcalf, heirs of said Coleman Duncan, shall convey by a deed of warranty to said complainant William N. Wickliff within 30 days after recording the deed from George R. Stoker, but George R. Stoker failed to make the deed, John G. Cameron Master in Chancery as commissioner for such purpose sell to James Duncan, William Duncan, John Duncan, Benjamin Duncan and Jane Duncan his wife and Mary Metcalf the above lot of land, with appurtenances, 6 Jan. 1845. /s/ John G. Cameron, Master in Chancery and Commissioner. Wit. Wm. T. Brown. Ack. 6 Jan. 1845 before Wm. Tyler Brown, Clerk of Circuit Court for Madison Co. IL. Recorded Jan. 7, 1845. (FHL film 484,058) (MAD: see Hopkins Co. KY and Jo Daviess Co. IL)
31-205/206: Robert E. Duncan of Hopkins Co. KY for $65 paid, sell to William Hadley of Madison Co. IL, all my right ... as well in possession as in expectancy of all the estate both real and personal of John Duncan decd late of Madison Co. IL, with appurtenances, provided said Robert E. Duncan shall pay to said William Hadley $65 specified in a certain note bearing even date executed by said Robert E. Duncan to said William Hadley, then this is void. 15 March 1849. /s/ Robert E. (X) Duncan. Wit. Horace Sook. Ack. 15 March 1849 before Horace Sook, J.P., Madison Co. IL. Recorded March 20, 1849. (FHL film 484,060)
St.Louis Co. MO Wills (from Cora Getty 1978/1979 to Louis Boone to MAD 1987)
#1716. Robert Duncan, dec'd, 15 Feb. 1842; sister Mary Metcalf; brothers James, John, Benjamin, William; brother William had sons Robert and William; brother Benjamin was Am. Rev. War soldier in KY. Mentioned in will: Harrison Duncan, Monroe Duncan, Mary Duncan and wife of Sisle?, Jesse Duncan, Nancy Duncan and wife of James Armstrong. (MAD: Polly Duncan mar. Isaac Metcalf 11/29/1821 in Hopkins Co. KY)
#2003. William Duncan, dec'd, 3 May 1835; wife Lucinda; dau. Matilda m. Jefferson C. Gallowy; dau. Lucretia m. James Bishop; dau. Mahalla m. Hampton Brashear; son Tennesse V. Duncan; dau. Mary A.M.; dau. Martha?; son Robert E. Duncan; son William Van Buren Duncan; mentions James Duncan in IL, fractured leg and amputation; Janey Duncan got an allowance; mentions negro slave belonging to estate of Robert Duncan, also heir to William's estate. (LB: note: some of this family believed to be in Bourbon Co. KY) (MAD: see Hopkins Co. KY; 1830 ? Bedford Co. TN census)
St.Louis [MO] Probate Court Digitization Project, 1802-1900; Case Number #1716, Filed 1842, Microfilm Reel C 27526 (98 collections of 5 documents each) (Internet images, 12/2004; MAD's extract)
http://www.sos.mo.gov/archives/stlprobate/ A collaborative project of the Missouri State Archives, a division of the Office of the Secretary of State, and the St. Louis Probate Court.
#1716. DUNCAN, ROBERT (estate property)
A lot in the City of St.Louis in Block No. 53 containing 32 feet french measure (34 feet two & two thirds inches English measure) in from on Plum Street, by 120 feet french measure (128 feet 10-2/3 inches) English measure in depth, bounded North by lot formerly belonging to the estate of Henry Batler? decd, east by a lot of Baptist Roy, South by Plum Street and West by lots formerly belonging to Esther Walsh and also by lot of Margaret Walsh, it being the same lot bought by the deceased of Louis Du Brenil? & wife by deed dated May 29th 1839, said lot has a small two story brick house upon it.
Also a lot of ground in the City of St. Louis in Block No. 53 commencing at a point in the south edge of Poplar Street, distant 100 feet french measure from the northeast East Corner of said Block, then west 20 feet french measure (21 feet 4-2/3 inches English measure) on said Poplar Street, by a depth southwardly of 62 feet & two inches, bounded North by Poplar Street, east by lot of Edmund & wife Walsh, south by lot of C. Walters, and west by lot belonging to the estate of Joseph W. Walker, on which lot there is a good two story brick house, it being the same lot conveyed to the said deceased by Patrick Walsh & wife by deed dated December 17th 1841 & recorded in Book U No.2 page 83.
Also a lot on the west and adjoining the above last described lot, containing 28 feet 4 inches french measure (30 feet 3-3/5 inches Enlish measure) in front on Poplar Street and running back southwardly 62 feet two inches; bounded north by Poplar Street, east by estate of Joseph W. Walsh, south by C. Walters and west by Hilaire Semont.
And also, the western half of a tract of land lying in the County of St.Louis & State of Missouri, near Bellefontaine on the Missouri River, which tract contains 111 acres more or less, and is bounded (blank)
(division of amounts among heirs)
Robert Duncan, $250.53
(three columns, headed:) In their own right, in right of Jno? Duncan, in right of James Duncan, blank column
1. John Duncan, in their own right: $50.10-1/2; other columns blank
2. James Duncan, in their own right: $50.10-1/2; in right of Jno. Duncan, $12.52-1/2 in $62.63; third and fourth column blank
3. William Duncan, in their own right: $50.10-1/2; in right of Jno. Duncan, $12.52-1/2; in right of James Duncan, (crossed out: $?15.66) $20.84; untitled column, (several amounts crossed out) $83.47 (MAD: apparently a total of amounts in other columns)
1. Robert Duncan, in their own right $5.86-3/4; in right of Jno. Duncan $(crossed out) $1.39-1/4; in right of James Duncan $1.87; (last column) $.03?, total $250.45
2. Matilda wife of Jefferson Galloway, in their own right (line drawn partway down first column, $50.10-1/2 written partway down, apparently a total of 9 heirs times $5.56-3/4 should equal $50.10-1/2); in right of Jno. Duncan $1.29-1/2.
3. Jane wife of James Bishop.
4. Mahala wife of (James Bishop crossed out) Hamilton Brasier
5. Tennessee wife Jno. Collins.
6. Missouri wife Shadrack Collins
7. James Duncan
8. Martha Duncan
9. William Duncan
4. Mary Metcalf, in their own right, $50.10-1/2; in right of Jno. Duncan $12.52-1/2; in right of James Duncan, $20.37? ($20.87?); (last column) $79.47.
5. Janes Duncan (columns blank)
Nancy wife James Armstrong, in their own right, $12.52-3/4; in right of Jno. Duncan, $3.13; in right of James Duncan (blank); (last column) $79.47
Mary Ann wife of (blank) Sissell, in their own right, $12.52-3/4; in right of Jno. Duncan, $3.13.
James Monroe Duncan, in their own right, $12.52-3/4; in right of Jno. Duncan, $3.13.
John Duncan, in their own right, $12.52-3/4; in right of Jno. Duncan, $3.13.
(Total of last column:) $233.41
(another paper) Distribution of the balance in the hands of the administrator of Robert Duncan deceased, $250.53. (columns headed: In own right, in right of John Duncan, in right of James Duncan, Total)
John Duncan, dead unmarried without issue & intestate, in own right $50.10-1/2.
James Duncan, dead same, in own right $50.10-1/2, in right of John Duncan $12.52-1/2.
William Duncan, dead, D B. Fremon Admr, in own right $50.10-1/2, in right of John Duncan, $12.52-1/2, in right of James Duncan $20.87, total $83.50.
Mary Metcalf, in own right $50.10-1/2, in right of John Duncan $12.52-1/2, in right of James Duncan $20.87, total $83.50.
Jane Duncan dead leaving children, viz,
Nancy wife of James Armstrong, in own right $12.52-1/2, in right of John Duncan "$3.137", in right of James Duncan, $5.22, total $20.87-1/2.
Mary Ann wife of (blank) Sissell, in own right $12.52-1/2, in right of John Duncan $3.13, in right of James Duncan, $5.22, total $20.87-1/2.
James Monroe Duncan, in own right $12.52-1/2, in right of John Duncan $3.13, in right of James Duncan, $5.22, total $20.87-1/2.
John Duncan, in own right $12.52-1/2, in right of John Duncan $3.13, in right of James Duncan, $5.22, total $20.87-1/2.
(Total of total column) $250.50.
Entered in Book P page 251, 29 December 1852.
(5th paper - cover, marked 1716, Robert Duncan, Proof of heirs & distribution. Filed 29 December 1852, Peter Ferguson, Judge of Probate.
State of Missouri, County of St.Louis, affidavit of Mary Metcalf, that Robert Duncan her brother died in the City of St.Louis leaving as his only heirs three brothers and two sisters, to wit, William Duncan, James Duncan, John Duncan, Mary Metcalf & Jane Duncan. James and John Duncan have both died since the said Robert without ever having been married and without issue and intestate. Jane Duncan died after James & John Duncan leaving four children as her only heirs, to wit, Nancy wife of James Armstrong, Mary Ann wife of Sissel, James Monroe Duncan & John Duncan. That William Duncan died before the said John and James Duncan leaving nine children as his only heirs to wit: Robert, Matilda wife Jefferson Galloway, Jane wife of James Bishop, Mahala wife Hamilton Brazier, Tennessee wife of John Collins, Missouri wife of Shadrack Collins, James Duncan, Martha Duncan, William Duncan. /s/ Mary (X) Metcalf, 15 December 1852, before William F. Ferguson.
(receipt) DuBouffay Fremon Public Administrator who administers the estate of Robert Duncan deceased. To Peter Ferguson Judge of Probate of the County of Saint Louis, Dr. 3 July 1850, filing notice 5 (March 1851 term), appearance 5, settlement 30 entering account 45 filing papers 25, $1.10. Received payment, Peter Ferguson.
(receipt) Receipt for payment of taxes for 1851 on real estate, $76.32, on lot in: (MAD: cannot always read numbers or names)
Block 39, First Street, 58x172, bounded N by Fines?, E by First, S by Poplar, W by Fink, value $2,100.
Block 39, Alley, 33x33, bounded N by Davis, E by Alley, S by Harbor, W by Dias?, Value $160
Block 39, Alley, 45x24, bounded N by Wainright, E by Gabriel (Catrilliac?), S by self, W by Alley, value $300
Block 39, Alley, 80x18, bounded N by self, E by Gabriel (Catrilliac?), S by Koplain, W by Alley, value $160
Block 1, First Street, 732x226, bounded N by Ewing, E by Front, S by Plum, W by First, value $10,000
Heirs & Legal Representatives of Robert Duncan decd.
1. Mary Metcalf (a sister of decd)
2. William Duncan decd (D.B. Fremon admr.)
3. Heirs of Jane Duncan, viz: 1. William Duncan, 2. Harrison Duncan, 3. Monroe Duncan, 4. Jesse Duncan, 5. John Duncan, 6. Nancy Duncan wife of James Armstrong, 7. Mary Duncan wife of Sissle.
4. Legal representatives of "Benjamin Duncan" deceased was a brother of deceased. (following in very small handwriting)
1. William Duncan, brother, Hopkins Co. KY.
2. John Duncan, do, do.
3. Mary Metcalf, sister, do.
4. Jane Duncan, wife of Ben Duncan (sister) Rives
5. James Duncan, brother, Madison Ills.
(another document) Land Office, St. Louis, MO. Registers Office, Nov. 10th, 18(torn). Robert Duncan of St.Louis County, Mo., on the 5th December 1835, entered at this office under the preemption act of 1834, as per certificate of Purchase, No. 5812, the Fractional section 24; the Northwest fractional quarter and the North half of Southwest quarter of section 25; and the Northeast frac. quarter & north half of southeast quarter of Section No.26, on land in Mississippi River, all situate in Township No.45 N. Range 7 East of 3? Prin. Meridian containing 160 acres. /s/ W.L. Allen, Regr.
(another document) Statement of Isaac A. Letcher, 15 Feb. 1842, to Peter Ferguson, Judge of Probate, that to the best of his knowledge there are the following heirs of Robert Duncan deceased now in being; William Duncan and John Duncan brothers and Mary Metcalf a sister of deceased who reside in Hopkins County, Kentucky; Jane Duncan wife of Benjamin Duncan, a sister of deceased who resides in the County of Rives in the State of Missouri, and James Duncan a brother of deceased who resides in the County of Madison in the State of Illinois. And that he will administer the estate ... /s/ Isaac A. Letcher.
(another document) Inventory of all the real and personal estate of Robert Duncan late of the County of St.Louis deceased, describing the quantity, situation and title of the real estate, the books and papers, the debts due or to become due to the deceased, the names of the debtors, the date of the contract, the amount of interest due and the rate of interest thereon, made by Isaac A. Letcher, administrator of said deceased, and William C. Manuel & Samuel McCullough witnesses appointed to aid in making the same. St.Louis, March 7th 1842. (MAD: & more)
Petition of Augustus H. Evans of St. Louis Co., that on 20 Dec. 1834, Robert Duncan entered into a contract in writing with petitioner for conveyance of certain real estate, that Duncan had proved a preemption right on the strip of land between Choutian, Loullard and Mackay claims under the act of Congress of 1813, agreed to let your petiltioner have one half of said preemption which lay between the Little Creek Souland? & Mackay by your petitioners paying the US for the whole preemption be the quantity of land more or less, and Duncan agreed to let petitioner have one half of another preemption of 160 acres obtained if a less quantity was obtained or 80 acres was obtained then 20 acres was to be your petitioners and that proportion between them as settled under the act of Congress of 1828 and 1834 giving to settlers on public land the right of preemption, said preeumption being land on an Island and the settlement on the Northeast quarter of Section 26, Twp.46 North Range 7 East in City of St.Louis by petitioner paying to the US all the consideration money for said preemption, said agreement duly signed by said Duncan & petitioner (next page) and recorded in Book W page 526. That Robert Duncan did about 2nd May 1836 purchase and obtain of the US and cause entry thereof to be made in his name in the Office of Register of Public Lands at St.Louis MO, the tract first above mentioned, described as fractional section 26 in Twp.45 of Range 7 East, containing 35 acres & 49 hundredths. And said Robert Duncan did about 5th Dec. 1835 purchased and obtained from the US ... 160 acres being on the Island and a part of the tract above mentioned, described as the fractional section 24, Northwest fractional quarter & North half Southwest quarter Section 25 and Northeast fractional quarter North half Southeast quarter of section 26 on Island (nothing else)
(MAD: documents detailing debt owed by Robert Duncan to James Duncan, ca April 4, 1828, and a statement 1 Aug. 1844 by James Adams about the debt)
(MAD: documents about slave Sarah)
(document about Note allowed against William Duncan's estate in favor of Robert Duncan's estate, including interest, $111.50.)
(another document) $100. June 30th 1842. Twelve months after date I promise to pay Isaac A. Letcher the administrator of Robert Duncan deceased the sum of one hundred dollars for value recd. of him and witness my hand & seal, /w/ William Duncan. (wit.) A?.G. Finiss?, Jane Duncan.
(document) Final settlement, 1849, September. Includes rents ... $654.99, credits, balance in favor of estate in cash: $603.01. Note at bottom:
decd, William Duncan, brother, wife & children in 47?, $120.60
John Duncan, brother, $120.60
Mary Metcalf, sister, $120.60 (MAD: Polly Duncan m. Isaac Metcalf in 1821 in Hopkins Co. KY)
Jane wife of Benjamin Duncan a sister $120.60
decd, James Duncan, brother, $120.60
St.Louis [MO] Probate Court Digitization Project, 1802-1900; Case Number #2003, filed 1845; Microfilm Reels C 27542 and C 17547 (Internet images, 12/2004; MAD's extract)
http://www.sos.mo.gov/archives/stlprobate/ A collaborative project of the Missouri State Archives, a division of the Office of the Secretary of State, and the St. Louis Probate Court.
#2003. WILLIAM DUNCAN; Statements 13 April 1852, lists his heirs:
1. Lucinda Duncan (widow of deceased)
2. Matilda, wife of Jefferson C. Galloway (a daughter)
3. Lucretia, wife of James Bishop (a daughter)
4. Mahala, wife of Hampton Brashear (a daughter)
5. Tennessee V. Duncan (a daughter)
6. Mary A.M. Duncan (a daughter)
7. Martha T. Duncan (a daughter)
8. Robert E. Duncan, a son
9. William Van Buren Duncan, a son
Statements in May 1845 by administrator Saml. Willi, that the heirs are believed to reside in Bourbon Co. KY. (MAD: see Hopkins Co. KY) The inventory of the real and personal estate included one undivided fifth of five parcels of land and one negro girl owned by Robert Duncan decd, William Duncan being one of the heirs of Robert Duncan. William Duncan at the time of his death owned no personal property, money, books, papers, etc. in the state of Missouri. and had no money, books, papers, etc. James Clemens in Dec. 1845 wrote Samuel Willi, admin. of William Duncan decd, about a suit by James Duncan against Willi as admin. of Wm. Duncan decd.
Estate of William Duncan included a doctor bill for visits in March 1845 to James Duncan in Illinois, including amputating James Duncan's leg.
Samuel Willi petitioned the court to sell the real estate to pay debts of William Duncan. April 1852, DuBouffay Fremon, the Public Administrator, became admin. of William Duncan's estate. Debts owed the estate of William Duncan decd. in Dec. 1845 included a judgment obtained by James Duncan against the admin. of Wm. Duncan in the Circuit [Court], and an allowance to James Duncan.
St.Louis Co. MO Deeds
C3-80: Whereas Robert Duncan, late of St. Louis Co. MO, died owning land, 90 arpens & 19/100, western part of tract, in part of prairie near town of St. Louis called the Cul de Sac on the waters of Chouteau's Mill Creek, deeded from David Musick to Robert Duncan 19 Jan. 1820; land divided by commissioners between ... and Robert Duncan April 1838; deed from William Duncan of Hopkins Co. KY 24 May 1843 to James Clemins Jr., the undivided 1/5 part allotted to Robert Duncan. Signature of William Duncan proven on oath 24 May 1843 of Benjamin Duncan and Harrison Duncan of Henry Co. MO. (FHL film 531,560)
C3-81: Whereas Robert Duncan, late of St. Louis Co. MO, died owning land; being the same tract held under Joseph Motard and confirmed to Calvin Adams by Motard; survey made for representatives of James Mackay; division of land between Benj. W. Ayres, Enock C. March, Elias T. Langham, Joab Toney, Charles Mullikin and Zachariah Wilson's heirs, and Robert Duncan; 189.81 arpens of/and undivided tract of 90.19 arpens; now 24 May 1843 Benjamin (+) Duncan of Henry Co. MO deed to James Clemens Jr. of City of St. Louis, $156, undivided 1/5 part. Rec. on oath of William Duncan of Hopkins Co. KY "near Maddisonville, KY." (FHL film 531,560)
I3-118: Robert Duncan, late of City and Co. of St. Louis MO, owned real estate; lot in city purchased from Therese, widow of Jacques Moise, 14 March 1817, deed F-203; and lot from David Adams and wife Elizabeth and James Adams and wife Deliet, 5 March 1832; and lot in Block 39 from Tousaint Racine and wife Julia; and lot in block 46 from Hezekiah Wright and wife, 14 Oct. 1831; now 24 May 1844 deed from William Duncan of Hopkins Co. KY to James Coleman Jr. of City of St. Louis, MO, $522, undivided 1/5 part. William Duncan appeared in St. Louis to rec. deed. (FHL film 531,563)
1889 "Biographical Souvenier of State of TX" by F. Battey (FHL book 976.4 D3bs; sketches alphabetical, good index; from Lucille Mehrkam 10/1984)
Pg.110: Joseph A. Brasher, b. July 28, 1842 in Christian Co. KY, son of Hampton Brasher, son of Lawrence Brasher native of KY. Hampton Brasher began early life in Hopkinsville, KY; died in Confederate army Dec. 19, 1864; had married 1st to Altezara J., dau. of Joseph Woodruff native of Hopkins Co. KY, two children Emsley H. and Joseph A. Hampton Brasher married 2nd to Mahala A., daughter of James Duncan; nine children: Lucinda E., Altezara J., James F., Nancy C., William L., Oliver H., Martha E., John M. and Maggie, six still living. Joseph A. enlisted Confederate army in 1862 ... until disbanded June 8, 1865, came to TX that year, married Jan. 10, 1867 to Permelia J., dau. of Matthew Armstrong, a native of KY. (6 children, not copied here) Matthew Armstrong b. Christian Co. KY in 1809, mar. Miss America Ash in 1848, to TX 1866, was one of first settlers in Hopkins Co. TX, d. 1878.
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