Duncan research files of
Fountain Co. IN Wills (FHL film 1,321,672; and from Iris Grimmett 1986)
1-126: Will of Hercules Dunkin, 22 May 1841, of Fountain Co. IN. $200 in cash to Sarah McLaughlin and $200 to Benjamin McLaughlin, children of my daughter Elizabeth Dunkin who married John McLaughlin, said Elizabeth now dead and these two children being her legal heirs. To Thomas Hemphill son of my dau. Sarah Dunkin who married Edward Hemphill, said Sarah being also dead, $200 in cash; the legacies put out on interest to be paid the children when they become of lawful age. Balance to be equally divided between my seven own children now living, viz, Samuel Dunkin, Amos Dunkin, John H. Dunkin, Joseph Dunkin, Thomas H. Dunkin, Joshua Dunkin Jr, and Margaret Dunkin the wife of John J. Dunkin. Appoint son John H. Dunkin exec. Wit. Joshua Dunkin Sr, Joseph Poole. Rec. on oath of Joseph Poole 9 Aug. 1841.
1-239: 4 Oct. 1847, will of Joshua Dunkin; to wife (raising & schooling children); to step-children Albert and Almond Perkins provided they stay with their mother until age 21 & help cultivate the farm & raise the other children; to daughter Barbary and son John J. Dunkin, 1/3 of property bought by Reason and Samuel Dunkin from Edward Hemphill; the other 2/3 to daughters Nancy Martin and Peggy Whitlock; all other property to my legal offspring or children arising from the marriage of myself and my present wife Nancy Dunkin formerly Nancy Perkins, viz, Allen & Jasper Dunkin or any other legal heir or heirs that we may hereafter have. Friends John J. Hankins and Joshua Dunkin Jr. execs. Wit. Joseph Poole, Norman S. Brown. Prob. 19 July 1849. (MAD: see Tippecanoe Co. IN deed for Reason & Samuel Duncan)
Fountain Co. IN Deed Book (SLC 6/10/2008; not all deeds copied)
10-404 to 405: No.378. I, Hercules Dunkin of the County of Fountain and State of Indiana, do make and publish this my last will & testament. First, I direct that my body be decently interred and that my funeral be conducted in a manner corresponding with my estate and situation in life, and as to such worldly estate as it has pleased God to intrust me with I dispose of it in the following manner, viz, I direct, first, that all my just debts and funeral expences be paid as soon after my decease as possible out of the first money that shall come to the hands of my executor from any portion of my estate real or personal. I secondly direct that the sum of two hundred dollars of the proceeds of my property in cash be given to Sarah McLaughlin and two hundred to Benjamin McLaughlin the children of my daughter Elizabeth Dunkin, who married John McLaughlin, the said Elizabeth now being dead and these two children being her legal heirs. Also to give Thomas Hemphill the son of my daughter Sarah Dunkin who married Edward Hemphill, the said Sarah being now also dead, the sum of two hundred dollars in cash. The said executor to put the above named legacies which I have left to the above named children out on interest, well secured, to be paid in good faith to the said children whenever they may become of lawful age with the interest which may have accrued thereon up to the time said children may respectively come of age. And thirdly I direct the balance of my property both real & personal or the proceeds thereof to be equally divided between my seven own children now living, viz, Samuel Dunkin, Amos Dunkin, John H. Dunkin, Joseph Dunkin, Thomas H. Dunkin, Joshua Dunkin junr. and Margaret Dunkin the wife of John J. Dunkin.
And I hereby make and ordain my above named son John H. Dunkin executor of this my last will and testament both of all the real and personal property which I may be lawfully possessed and to make a division of all my property or the proceeds thereof as herein directed. In witness whereof I, Hercules Dunkin the testator have hereunto set my hand & seal this 22nd day of May A.D. 1841. /s/ Hercules Dunkin. SEAL. Witness: Joshua Dunkin Sr., Joseph Poole. 9 Aug. 1841, proved on oath of Joseph Poole. (FHL film 1,321,730)
Fountain Co. IN Probate Order Book (from index on FHL film 1,321,668; from Iris Grimmett 9/1986)
2-173: Nov. 1838; letters of administration in the estate of Reazin Dunkin having been granted by the clerk of this court in vacation to Margaret Dunkin, it is therefore ordered by this court that the granting of said letters taking bond and security be in all things confirmed. (Index shows date of 17 Oct. 1838) (FHL film 1,321,677 item 4)
Index to Fountain County IN Probate Records; Fountain Co. Courthouse, Covington, IN (FHL film 1,321,676; transcribed and condensed by Onda Harris 1999; MAD: have added a date in parenthesis from a second reference to same book and page)
Dates of Action; Name of Decendent, ward or plaintiff vs Name of Guardian, Administrator, Executor, or Defendant; Kind of Action; order book (ob); complete record (cr); partition record (pr); fee book (fb) book and page.
Probate Index Vol.1, 1832-1873 (item 1)
Oct. 3, 1859, Dunkin, Margaret vs Resin Dunkin, admx, ob 2-346, cr 3-88, fb 1-294.
Aug. 9, 1841, Dunkin, John H. vs Hercules Duncan, exec, ob 3-389, cr 4-545, fb 2-122.
Aug. 9, 1841, Dunkin, Jno., heirs vs Sarah Dunkin, Dower, ob 4-322, cr 6-105, fb 2-272.
Oct. 31, 1846, Duncan, David vs Jno. M. Duncan, Settlement, cr 8-115, fb 3-195.
Oct. 31, 1846, Duncan, David vs State, Citation, fb 3-234.
Date ? (Nov. 11, 1845), Dunkin, John N. vs Daniel Young, ob 3-378, fb 2-116.
Date ? (Nov. 11, 1845), Dunkin, Joshua vs Daniel Young, ob 3-378, fb 2-116.
Aug. 9, 1841, Hercules Dunkin vs John H. Dunkin, Executor, ob 3-389, cr 4-543, fb 2-122.
Feb. 10, 1847, Duncan, Jno. M. Heirs, Duncan, George, Duncan, Eliza, Duncan, Harriet vs James D. Griffith, Guard., ob N-219, cr B-234, fb 2-177.
Feb. - 1848, Dunkin, John, Heirs vs Sarah Duncan, Dower, ob 4-322, cr 6-105, fb 2-272.
Date ? (Aug. 1849), Dunkin, Mercy etal vs Jno J. Dunkin etal, C of Will, cr 5-132, pb 5-132, fb 3-264.
April 5, 1857, Duncan, David etal vs Mary Duncan, Dower, pb 5-258, fb 3-365.
Sept. 9, 1857, Dunkin, J.J. etal vs Mercy Duncan, etal, chancery, ob 5-278, cr 9-144, fb 3-374.
May 28, 1852, Duncan, David vs Thomas Duncan, etal, partition, ob 5-300, cr 9-268, fb 3-393.
June 3, 1856, Dunkin, Jno. J. vs Joshua Duncan, adm, cr J-359, fb A-315.
Oct. 7, 1859, Dunkin, John J. vs Joshua Duncan, etal, Part. to Cor. Deed, cr Y-409, fb B-21.
Duncan, Allen, etal vs Jno. J. Duncan, Partition, cr 1-231, fb C-130.
Oct. 31, 1846, Duncan, John M. vs David Duncan, Settlement, cr 8-115, fb 3-234.
Aug. 28, 1839, Duncan Jno. J. etal vs Mercy Duncan, C of Will, cr 5-132, pr 5-132, fb 3-24.
Oct. 7, 1850, Duncan, David vs David Brier, Adm. cr 10-458, fb 3-315.
Feb. 17, 1857, Dunkin, Joshua heirs vs James Hemphill, ap to sell, cr C-404, pr 5-224, fb 3-349.
Dunkin, Joshua heirs vs Jas. Poole, Sale of land, cr 9-23, fb 3-167.
Duncan, Mary vs David Duncan etal, Dower, pr 5-258, fb 3-374.
Sept. 9, 1857, Dunkin, Mercy etal vs J.J. Dunkin etal, Chancery, ob 5-278, cr 9-144, fb 3-374.
April 12, 1859, Dunkin, Joshua vs John Martin etal, Guard., cr Y-103, fb ?-505.
April 12, 1859, Duncan, John J. vs Jacob Martin, P for deed, fb B-21.
April 12, 1859, Dunkin Allen etal vs Jacob Martin, Partition, cr 1-231, fb ?-130.
March 11, 1853, Dunkin, Joshua vs Gilfillan heirs, P of deed, fb A-165.
Feb. 10, 1854, Duncan, John R. vs W.H. Mallory, adm. DBN, cr C-371, fb 3-448.
June 3, 1856, Dunkin, Joshua vs Jno. J. Dunkin, Adm D.B.N., cr J-359, fb A-315.
Jan. 14, 1860, Duncan, George; Duncan, Harriet; Duncan, Eliza M.; vs Shultz, Jno R. Shultz and Martha A. Shultz, partition, pb 1-366, fb B-222.
Date ?, Duncan, Sarah etal; Duncan, F.M.; Duncan, Wm.; Duncan, Julia; Duncan, E.M. vs Wm. Stephens, Andrew J. Stephens, Lewis Stephens, Orin Arms, E. Arms, Partition, pb 1-411, fb B-229.
Jan. 1860, Dunkin, Joshua etal vs Jno J. Dunkin, P to corr. deed, cr F-404, fb B-21
Dunkin, Allen, etal vs Jno. J. Dunkin, cr F-404, fb B-21.
Dunkin, Allen vs Margaret Whitlock, Partition, cr 1-231, fb C-130
Dunkin, J.J. etal vs Allen Dunkin, Partition, cr 1-231 fb C-130
Jan. 1861, Dunkin, John P. vs Wm. Vanmeter, Adm., cr J-471, fb B-129
Oct. 12, 1861, Dunkin, Joshua Heirs vs J.J. Hemphill, Pet. for deed, cr H-116, fb B-207
Dunkin, Geo. etal. vs Jno. R. Schultz etal, Partition, cr 1-366, fb B-222.
Oct. 12, 1861, Dunkin, E.M. etal vs J.D. Griffith, Ap. to sell, cr 1-37, fb B-254.
Date ?, Dunkin, Joshua heirs vs Jas. Hemphill, Citation, fb B-267
Sept. 22, 1862, Dunkin, J. vs N.S. Brown, Pet. to cor. deed, ob 6-93, cr 10-319, fb A-20.
Date ?, Duncan, S.B. etal; F.M. Duncan, Wm. Duncan, Julia Duncan, E.M. Duncan; vs E. Arms, Samuel Moffitt, Maria Moffitt, Jno N. Randall, Mary A. Randall, pb 1-411, fb B-229.
Date ?, Dunkin, Allen; Dunkin, Margaretta; Dunkin, Jasper vs Margaret Whitlock, John J. Dunkin, Barbara Dunkin, Joshua Dunkin, Jacob Martin, John Martin, Emaline Martin, Mercy Dunkin, Partition, pr 1-231, fb C-130.
March 29, 1854, Dunkin, John J. vs Margaret Whitlock, etal, Partition to correct deed, fb B-21.
Dunkin, John J.; Duncan, Barbara; Dunkin, Joshua; Dunkin Mercy vs Allen Dunkin, Margaretta Dunkin, Jasper Dunkin, Jas. Hemphill, Partition, pr 1-231, fb C-130.
Jan. 13, 1864, Dunkin, Marion vs Ann Dunkin Guard.; Dunkin, VanMeter; Dunkin, Mary E.; Dunkin, Jno M., ob H-221, cr K-234, fb B-381.
Date ? (Oct. 21, 1861), Dunkin, John J.; Dunkin, Ann; Dunkin, Barbara; Dunkin, Joshua; Dunkin, Allen; Dunkin, Jasper; Dunkin, Margaretta; Duncan, Mercy vs J.J. Hemphill, Pet. for deed, cr H-116, fb B-207.
Jan. 13, 1864, Duncan, J.J. heirs vs Ann Dunkin Guard, ob H-221, cr K-234, fb B-383.
Jan. 21, 1864, Dunkin, Marion; Dunkin, Van Meter; Dunkin, Mary E.; Dunkin, Jno W.; Dunkin, J.J. vs Ann Dunkin, App. to sell, ob H-240, cr J-524, fb B-383.
Dec. 27, 1864, Duncan, Joseph vs Jno. Stephens, Adm., ob H-434, cr L-119, fb B-48.
Jan. 23, 1865, Dunkin, John M.; Dunkin, Huff; Dunkin, James B.; Dunkin, Joan vs James Dove, Jafee Marvin, Guard., ob H-493, cr L-256, fb B-491.
Jan. 1865, Dunkin, Thomas H.; Dunkin, Edward; Dunkin, Sarah H.; Dunkin, Hercules; Dunkin, Sarah A. vs Joan Dunkin, Jas. B. Dunkin, Jno. M. Dunkin, Huff Dunkin, Partition, ob J-396, pr 2-132.
July 22, 1865, Dunkin, David D. vs J.D. Griffith, Adm., ob J-6, cr L-433, fb B-557.
March 7, 1866, Dungan, William; Dungan, Elizabeth vs Benj. F. Dungan, Guard., ob J-138, cr M-440, fb F-33.
March 15, 1866, Dunkin, John; Dunkin, Eliza M. vs Orin Arms, Guard., ob J-139, cr M-455, fb F-37.
May 24, 1866, Dunkin, John; Dunkin, Eliza M. vs Orin Arms, App. to sell, ob J-175, cr L-536, fb F-52
Jan. 7, 1865, Dunkin, Joan; Dunkin, Jas. B.; Dunkin, Jno. M.; Dunkin, Huff vs Thos. Dunkin, Edward Dunkin, Peter Rector, Caroline Rector, Sarah J. Dunkin, Hercules Duncan, Partition ob J-396, pr 2-132, fb D-361
March 7, 1866, Dungan, Benj. F. vs Wm. Dungan, Elizabeth Dungan, Ellen Dungan, Partition, ob J-138, cr M-440, fb F-33.
Jan. 23, 1865, Thos. H. Dunkin, Edward Dunkin, Sarah J. Dunkin, Hercules Dunkin, Sarah A. Duncan vs Joan Dunkin, James B. Dunkin, John M. Dunkin, Huff Dunkin, Partition, ?
May 20, 1867, Dunkin, Joan; Dunkin, James vs Wm. Biddle, Guard., ob J-414, cr O-447, fb F-176.
Date .. (May 20, 1867), Dunkin, John M.; Dunkin, Huff vs Sarah A. Dunkin, Guard, ob J-414, cr L-256, fb F-175.
Sept. 7, 1868, Duncan, Eliza M.; Duncan, John; vs Francis M. Duncan, Wm. W. Duncan, Partition, pb 2-426, fb E-439.
May 20, 1869, Dunkin, Sarah vs Joan Dunkin, James B. Dunkin, Guard., cr O-417, fb F-176.
Sept. 3, 1867, Dunkin, Margueretta vs Watson Ludlow, Guard., ob J-497, cr P-191, fb F-136.
May 13, 1873, Duncan, Nancy J. vs Dora M. Duncan, John L. Duncan, Guard., ob M-163, cr U-317, fb H-150.
May 18, 1872, Duncan, Levi vs Wm. Linville, Adm. ob M-163, cr U-317, fb H-68.
May 13, 1873, Duncan, Dora M.; Duncan, John L. vs Nancy J. Duncan, Guard., ob M-312 fb H-150
Oct. 10, 1847, Griffith, James D. vs John M. Duncan, George Duncan, Eliza Duncan, Harriet Duncan, Guard., ob N-219, cr B-234, fb 2-177.
Oct. 13, 1856, Griffith, J.D. vs Eliza M. Duncan, App. to sell, cr 1-137, fb B-254.
Probate Index Vol."2", 1873-1894 (item 2)
March 7, 1882, Dunkin, Allen; Dunkin, Gertrude; Duncan, Ida; Dunkin, Ellen vs Wm. Taylor, Guard., ob T-78, fb J-377.
June 12, 1888, Dungan, Joannette D,. Proof of will, ob V-457, fb K-215.
June 15, 1888, Dungan, Joannetta C. vs Jason E. Baker, ob V-459, cr M-424, fb K-215.
Probate Index Vol."2", 1840-1862 (item 3)
Date ? (Oct. 3, 1859), Dunkin, Margaret vs Resin Dunkin, Adm., ob 2-346, cr 3-88, fb 1-294.
Nov. 11, 1845, Dunkin, John H. and Joshua vs Young, Daniel, Adm., ob 3-378, fb 2-116.
Aug. 9, 1841, Dunkin, Hercules vs Dunkin, John H., Ex., ob 3-389, 4-272; cr 4-543; fb 2-122.
Feb. 10, 1847, Duncan, Jno. M. heirs vs James D. Griffith, Guard.; Discharge as to George Duncan, Eliza Duncan, Harriet Duncan, ob A-219, I-306 to 309, G-480; cr B-234, D-391; fb 2-177.
Feb. ?, 1848, John Dunkin heir vs Dunkin, Sarah, Dower, ob 4-322, cr 6-105, fb 2-272.
June 19, 1849, Dunkin, Joshua Sr. vs Joseph Poole, Ex., cr 10-446, fb 3-169.
Oct. 31, 1846, Duncan John M. vs David Duncan, Adm., Settlement, cr 8-115, fb 3-234.
Oct. 31, 1846, Duncan, David vs State of Indiana, Citation, fb 3-234.
Aug. 38, 1849, Dunkin, Jno J. vs Mercy Duncan etal, Contest of will, cr 5-132, fb 3-264.
Oct. 7, 1850, Duncan, David vs David Brier, Adm., cr 10-458, fb 3-341.
Joshua Dunkin, heir vs Jo Poole, Adm. Sale of land, cr 9-23, fb 3-169.
Dunkin, David etal vs Duncan, Mary, Dower, cr 5-258, fb 3-365.
Sept. 9, 1851, Duncan, Mercy etal vs Dunkin, J.J. etal, ob 5-278
May 28, 1852, Duncan, Thomas, etal vs David Duncan, Partition, ob 5-300, fb 9-268.
May 28, 1852, Duncan, John R. vs D.W. Vorhees, Adm., fb 3-448
March 11, 1853, Dunkin, Joshua vs Gilfillan's heirs (?), Pet. for deed, fb A-165.
Feb. 10, 1854, Duncan, John R. vs W.H. Mallory, cr C-371, fb 3-448.
June 3, 1856, Dunkin, Joshua vs Jno. J. Dunkin, cr J-359, fb A-315.
Jan. ?, 1860, Dunkin, Joshua etal vs John J. Dunkin, Pet. to correct, cr F-404, fb F-21.
Dunkin, Allen vs John J. Dunkin, Pet. to correct, cr F404, fb B-21.
Dunkin, Allen etal vs Margaret Whitlatch, Petition, cr 1-231, fb C-130.
Dunkin, Jno. J., etal vs Allen Dunkin, Partition, cr 1-231, fb C-138.
? 1861 (Jan. 1861), Dunkin, Jno. J. vs Wm. Vanmeeter, Adm., cr J-471, fb B-129.
Oct. 21, 1861, Dunkin, Joshua heirs vs J.J. Hemphill, Pet. for Deed, cr H-116, fb B-207.
Oct. 21, 1861, Dunkin, George etal vs Jno. R. Shultz & wife, Partition, cr 1-366, fb B-222.
Dunkin, Eliza M. etal vs J.D. Griffith, Guard., app, to sell, cr 1-37, fb B-254.
Dunkin, Joshua heirs vs Jas. Hemphill, Guard., Citation, fb B-268.
Probate Index Vol.3, 1863-1905 (item 4)
Jan. 13, 1864, Dunkin, J.J. Heirs of vs Amo ? (Anna) Dunkin, Guard. Settlement, ob C-221; cr N-167, K-234, T-331; fb B-382.
Jan. ?, 1864, Dunkin, J.J. heirs of vs Amo ? (Anna) Guard. app. to sell ob C-240 to 247, cr J-524, fb B-383.
Dec. 24, 1864, Dunkin, Joseph vs John Stephens (Do)?, ob C-434; cr L-119, O-522; fb B-482.
Jan. 23, 1865, Dunkin, Jno. M. & Huff vs James Dove, Guard., Do., ob C-493, cr L-256, fb B-491.
Jan. 23, 1865, Dunkin, Jas. B. & Joan vs Jesse Marvin, Do., ob C-493, cr L-258, fb B-492, Resigned.
Jan. ?, 1865, Dunkin, Thos. H. etal vs Joanna Dunkin, Partition, ob J-396, pr #2-132, fb D-361, Settled.
July 22, 1865, Dunkin, David D. vs Jas. D. Griffith, Do., ob J-6, L-240, 535; cr S-433, D-588; fb B-551.
Oct. 28, 1865, Dungan, Patterson vs Wm. F. Jenne ?, Adm., Do., ob J-60, cr M-145, fb B-581, Settled.
March 7, 1866, Dungan, Wm. & Elizabeth Ellen vs Benj. F. Dungan, Guard., settle, ob J-128; cr M-440, P-327, Q-565; fb F-33.
March 15, 1866, Dunkin, John & Eliza M. vs Orin Arms, Guard., settle., ob J-139; cr V-58, M-455, N-132, P-336; fb F-37, Settled.
May 24, 1866, Dunkin, John & Eliza M. vs Orin Arms, Do., App. to sell, ob J-175, cr L-536, fb F-52, Deed reported.
Nov. 28, 1866, Duncan, John M. & Huff vs John Stephens, Guard., Settlement, ob J-288; cr S-256, P-345; fb B-497, Settled and Resigned.
Feb. 17, 1851, Duncan, Allen, Jasper and Marguretta vs James Hemphill, Guard., ob ?; cr P-185, C-404; fb F-136; Settled.
Jan. 23, 1865, Dunkin, Tho. H. etal vs Joan Dunkin, Partition, Sale, ob J-396, pr 2-132, fb D-261.
May 20, 1867, Dunkin, Joan & Jas. B. vs Wm. Bittle, Guard., ob J-414, cr O-447, fb ? 176 Resigned.
May 20, 1867, Dunkin, John M. & Huff, vs Sarah A. Duncan, Guard., ob J-414; cr. L-356, P-345; fb ?-175
Sept. 2, 1867, Dunkin, Marguretta vs Watson Ludlow, Guard., ob J-497, cr P-191, fb F-136.
Sept. 7, 1867, Duncan, Eliza M., John vs Francis M. & Wm. W. Duncan, Partition, cr 2-426, fb E-439.
May 20, 1869, Duncan, Joan, Jas. B. vs Sarah Dunkin, Guard., Settlement, cr D-417, P-580, Q-516; fb F-176.
May 18, 1872, Duncan, Levi L. vs Wm. Linville, Adm. ob M-163, cr U-317, fb H-68.
May 13, 1873, Duncan, Dora M. & John L. vs Nancy J. Duncan, Guard., ob M-312, cr E-479, fb Y-150.
March 7, 1882, Dunkin, Atten; Dunkin, Gertrude; Dunkin, Ida; Dunkin, Allen vs Wm. Taylor, Guard., ob T-78, fb J-387.
Jan. 12, 1888, Dungan, Joannetta C. vs Proof of will, ob V-457, fb K-208.
June 15, 1888, Dungan, Joannetta C. vs Jason E. Bukes, App., ob V-459, cr M-424, fb K-215.
Dec. 18, 1902, Dunkin, Mercy vs John O. Odell, Ex., ob GED 4-209.
Fountain Co. IN Complete Record Books (SLC 6/2009; not all looked at or copied)
Complete probate record v.3, May 1840-May 1846; v.4, May 1844-Aug. 1847 (FHL film 1,321,698)
3-88/90: Court 9 Feb. 1841. That on 17 Oct. 1838, letters of administration on the estate of Rezin Dunkin decd. were granted to Margaret Dunkin who filed her bond, security Margaret Dunkin, Samuel Dunkin, and William Mortimer (MAD: sic), all Fountain Co. IN, for $1200, signatures: Margaret Dunkin, Samuel Dunkin, William Dunkin. On 12 Nov. 1838, the court confirmed the letters of administration. On 19 January 1839, inventory was filed, mention of bed etc. taken by the widow. Undivided half of property belonging to Saml. & Reazan Dunkin. On 19 January 1839, the sale bill was filed; sales to Joseph Dunkin, Joshua Dunkin, Margaret Dunkin, Joshua Dunkin Sr., Samuel Dunkin, Samuel Dunkin Junr, (and others). On 9 Feb. 1841, came administratrix Margaret Duncan and Silas Jones her husband, she paid all demands. (FHL film 1,321,698)
4-543: Court 9 Feb. 1846. John H. Dunkin, exec. of Hercules Dunkin decd. That on 9 Aug. 1841, letters of administration with will annexed in the estate of Hercules Dunkin was granted to John H. Dunkin who posted bond, John H. Dunkin and Joseph Dunkin, all Fountain Co. IN, for $11,000, dated 24 July 1841, signed John H. Dunkin, Samuel Dunkin, Joseph Dunkin. On 2 Sept. 1841, filed inventory, books, etc., incl. note of hand on Joseph Dunkin due April 1, 1841 for $95, (and other notes) and note on Samuel Dunkin, John H. Dunkin, Thomas H. Dunkin, Joshua Dunkin Guarn., John J. Dunkin, Erasmus Uhler, Fielding Martin. On 12 Oct. 1846 sale bill filed, sales 25 Sept. 1841 to John H. Dunkin, Joshua Dunkin (Bible, bed, etc.), Fielden Martin, Joseph Dunkin. On 11 Feb. 1846, account was settled, tax paid to Fountain and Carroll Co., receipts for legacy by Squire Barnes and Sarah Barnes formerly Sarah McLaughlin for $243 in full of her legacy, and Berryman McLaughlin $243 in full of his legacy and "his own (John H. Dunkin) receipt" for $350 the amount due him from the estate by the purchase of the interest of the other heirs. (FHL film 1,321,698)
Complete probate record v.5, May 1846-May 1847; v.6, Aug. 1847-Feb. 1849 (FHL film 1,321,699)
6-105: Sarah Duncan, widow &c, vs. the heirs of John M. Duncan, dower. Court 14 Feb. 1847. That on 18 Feb. 1848, the petitioner by Brier? & Tyler her attorneys filed the petition. That her husband John M. Duncan died 12 Sept. 1846 owning the east end of S 1/2 NE 1/4 Sec.2 Twp.20 Range 7W, 56 acres, and E 1/2 SE 1/4 same section, and W 1/2 SW 1/4 Sec.1, 80 acres, and north end of W 1/2 of E 1/2 of SW 1/4 same, 24 acres, and W 1/2 NE 1/4 Sec.11, 80 acres, and N 3/4 of E 1/2 W 1/2 SW 1/4 of same section, 30 acres, all in Twp.20N Range 7W, and undivided half of lot 24 in Hollingsworth's addition to Attica, and she is entitled to dower. That John M. Duncan decd. left as his children and heirs: Martha Ann Duncan, George Duncan, Eliza Ann Duncan (later: Eliza M. Duncan) and Harriet Duncan, all minors. She asks for someone to set over her dower in the real estate. James D. Griffith the guardian of her children. The widow is entitled to 1/3. MAD: quit copying, land partitioned. (FHL film 1,321,699)
Complete probate record v.9, Feb. 1851-Oct. 1854; v.10, Aug. 1852-Jan. 1855 (FHL Film 1,321,701)
9-23/28: Court 12 Nov. 1849, Joseph Poole, adm. with the will annexed of Joshua Dunkin decd., vs. the heirs of said deceased; Sale of Land.
Be it remembered that on 20 Nov. 1849, ... comes Joseph Poole, administrator with the will annexed of the estate of Joshua Dunkin decd, files a report of sale of certain real estate in accordance with the last will ... the undersigned (Joseph Poole) was on 19 July 1849 appointed admin. with will annexed of the estate of Joshua Dunkin Senr. decd, late of said county of Fountain, and among other things the will authorizes the administrator at any time before the heirs therein named should become of lawful age if any of the real estate would not pay the yearly expenses of same, to sell any such property and put the proceeds at interest ... the deceased was the legal owner of certain real estate in the town of Attica, (meets & bounds not copied) corner Lot 42, and before the death of the decd. he had built or nearly built a two-story brick storehouse on said real estate, but the foundation of said house was faulty, (mention of the door and window frames etc.; the building was unfinished and would be too expensive to finish) the undersigned expended $65 as receipts and vouchers to be filed in the court to prevent the house from being declared a nuissance ... the undersigned on 6 Sept. 1849 advertised the real estate for sale at public auction on 25 Sept. 1849, purchaser to pay 1/3 in hand, the balance in two equal payments of 12 & 18 months by giving notes ..., appraisal by John Hemphill and William Hawkins, householders and residents of said county, to be worth $1200; James Hoover bidding $1205 was highest bidder and paid $435 cash and gave two notes due 2 years and 3 years; the undersigned made a conveyance. Appraisal filed by administrator, appraisement of real and personal property of Joshua Dunkin decd. by administrator assisted by John Hemphill and William Hawkins, one piece of land in town of Attica, corner Lot #42, supposed to be worth $1200; two kegs of 8 D. brass and 4 D. nails worth $8, 25 Sept. 1849. Notice of sale ... Sale bill ... (pg.25/26, not copied here). (pg.26/28) The following is the deed executed by the said admin. to the purchaser ... (quotes) This indenture made 4 October 1849, Joseph Poole admin. of estate of Joshua Dunkin Sr. late of Fountain Co. decd. with the will of said Joshua Dunkin Sr. annexed, to James Hoover of Tippecanoe Co., that said Joshua Dunkin Sr. in his lifetime owned? in his own right in fee simple among other lands a certain tract of land in Fountain Co. IN ... corner Lot #42 in Town of Attica, with all appurtances ... belonging consisting of a one story frame house, a lot of lumber ... and the said Joshua Dunkin Senr. on 4 Oct. 1847 made his will whereby among other things he directed his executor thereinafter named at any time before the children therein named should come of age, if any of the real estate ... should not pay the yearly expenses ... authorized the sale of the real estate ... and the said testator Joshua Dunkin Senr., and constituted John J. Dunkin and Joshua Dunkin Jr. to be the executors of the will, ... the said John J. Dunkin and Joshua Dunkin Jr. refused to become executors, letters of administration were granted to said Joseph Poole, ... that on 6 Sept. 1849 offered the property for public sale on 25 Sept. 1849, ... James Hoover the highest bidder (MAD: more not copied). Signed Jos. Poole, wit. Jasper J. Elaridge?, R.F. Poole. Note. Third page between the second and third lines from the top is the following words interlined to wit, "and the heirs mentioned in said will to wit Allen & Jasper Dunkin still being under age." (FHL film 1,321,701)
9-144/153: Court 11 August 1851?, John J. Dunkin, Joshua Dunkin, Barbara Dunkin, Samuel Whitlack, Peggy Whitlack, Jacob Martin, John Martin, Eveline Martin vs Allen Dunkin, Jasper Dunkin, Margaret D?/L? Elizabeth Dunkin, Albert Perkins, Almand Perkins, Mercy Dunkin & Joseph Poole; Bill in Chancery.
That on 22 March 1851 the complainants by Bryant Milford and Chandler their attorneys filed the following complaint, that orators and oratrixes John J. Dunkin, Joshua Dunkin & Barbara Dunkin, Samuel Whitlack & Peggy Whitlack his wife, Jacob Martin, John Martin, Eveline Martin the two last named are infants under the age of 21 years, by Robert A. Chandler, all of Fountain Co. IN, that on or about 4 October 1847, Joshua Dunkin Senr. made what was supposed to be his last will and testament ...
I, Joshua Dunkin Senr. of Co. of Fountain, Indiana, make this my last will and testament hereby revoking any former will, ... body be decently intered, funeral conducted, all my last debts and funeral expenses be paid out of the first moneys that come into the hands of my executors ... a fair valuation and appraisement be made of all my personal estate including my household and kitchen furniture, all my personal property be sold at public sale excepting one good two horse waggon two good horses and harness which my beloved wife if she should [want?] instead of $160, ... my wife have the privilege of taking such property as she may choose, and I leave to my beloved wife the sum of $500 in cash, the value of the property to be deducted therefrom, ... I grant her the entire use of the farm where I now reside for raising schooling taking care of and what children we have had or may have as the legal offspring of our marriage so long as she may remain a widow, but if she should marry again, then my executor select some good place for the raising, educating, boarding, schooling, clothing & taking care of our offspring afsd ... and my wife's right to the farm cease ... to my two stepchildren Albert Perkins and Almand Perkins $100 each provided they stay with their mother till they are 21 years old and help to cultivate the farm and raise the other children ... to my daughters (MAD: plainly plural "s") Barbara and my son John J. Dunkin one third of the saw mill property, the same property bought by Reason and Samuel Dunkin from Edward Hemphill and now belonging to me and the other two thirds I give and bequeath to my daughters Nancy Martin and Peggy Whitlack. I then give & bequeath all other property to my legal offspring or children arising or coming from the marriage of myself and Nancy Duncan formerly Nancy Perkins viz Allen & Jasper Dunkin & any other legal heirs that we may hereafter have, and ... at any time before my said children should become of age, if any of the real estate ... should not pay the yearly expenses of such property or if it should be necessary for the maintenance of the said children to sell any of such property ... empower my executor to sell it ... appoint my worthy and esteemed friends John J. Dunkin and Joshua Dunkin Jr. executors, /s/ 14 October 1847, Joshua Dunkin. Wit. Joseph Poole, N.S. Brown.
(pg.146) The named executors did not take upon themselves the execution of the will but refused to do so, and therefore Joseph Poole took out Letters of Administration with the Will annexed. That Joshua Dunkin Sen. departed this life on or about 18 June 1849 without changing or altering the will, leaving his wife Nancy Dunkin as his widow and leaving also the following his children & heirs at law, John J. Dunkin, Joshua Dunkin & Barbara his wife formerly Barbara Dunkin & daughter of the said Joshua Dunkin Sen., Samuel Whitlock & Peggy his wife formerly Peggy Dunkin, Jacob Martin & Nancy his wife formerly Nancy Dunkin and your orators would further represent that since the death of said Joshua Dunkin Sr., that Nancy Martin departed this life leaving Jacob Martin her husband & John Martin & Eveline Martin her children & heirs at law, all the foregoing are your orators & oratrixes. And the said Joshua Dunkin decd. left also the following his children and heir at law to wit Allen Dunkin, Jasper Dunkin & Margaret Elizabeth Dunkin his children & heirs at law the said Allen, Jasper & Margaret E. Dunkin are infants under the age of 21 years (ask the court to appoint a guardian) and the said Joshua Dunkin decd. left also the said Almand Perkins & Albert Perkins his legatees who are also infants under age 21 (ask for guardian). The said Joshua Dunkin was at the time of signing the will and for some time prior & subsequent thereto of unsound mind and memory and wholly incompetent to make a will. The real estate amounts to a large sum of money, to wit, $30,000.
That on (blank date) said Joshua Dunkin Senr. conveyed the farm upon which he then resided, the use of which he had conveyed & bequeathed to Nancy Dunkin as aforesaid when he made his supposed will, together with other property to one Joseph Dunkin, by means whereof he recorded his said last will. The orators and oratrixes would show the supposed last will is null and void, and defendants have combined to cheat & defraud the orator & oratrixes out of their share of their father's estate. They do not have a remedy except in a court of equity. Petition to set aside the last supposed will and be held for naught. Petition for court to grant a subpeona commanding the said Allen Dunkin, Jasper Dunkin, Margaret Elizabeth Dunkin, Mercy Dunkin, Albert Perkins and Almand Perkins and Joseph Poole to personally appear on 1st day of next term to answer this.
(pg.147) State of Indiana, Fountain Co., Fountain Probate Court, May term AD 1851, John J. Dunkin, Joshua Dunkin, Barbara Dunkin, Samuel Whitlock, Peggy Whitlock, Jacob Martin, John Martin and Eveline Martin, vs. Allen Dunkin, Jasper Dunkin, Margaret Elizabeth Dunkin, Mercy Dunkin, Albert Perkins, Almand Perkins, In Chancery. I, Robert A. Chandler, do hereby consent to perform the duties of the next for John Martin and Eveline Martin three (MAD: only two names given) of the above named complainants. /s/ 22 March 1851, R.A. Chandler.
And afterwards on 1 April 1851 the clerk of the court issued the following writ: State of Indiana, Fountain County, to the Sheriff, to summon Allen Dunkin, Jasper Dunkin, Margaret Elizabeth Dunkin, Albert Perkins, Almand Perkins and Joseph Poole, to appear on 1st day of next term, on 2nd Monday in May, to answer John J. Dunkin, Joshua Dunkin, Barbara Dunkin, Samuel Whitlack, Peggy Whitlack and Jacob Martin, John Martin & Eveline Martin by Robert A. Chandler their next friend of a bill in chancery filed against them & unless they appear and plead, the matters and things therein contained will be heard and determined in their absence, 1 April 1851.
(pg.148) Upon the back of the writ, the following endorsement was made: served the within by reading and leaving a copy for Almand Perkins and Margaret E. Dunkin, April 12, 1851. And afterwards on 19 May, came the complainants by Bryant & Chandler their solicitors and the defendants Mercy Dunkin & Joseph Poole by Brier & Voorhees their attorneys and filed their demurrer as follows, Allen Dunkin, Jasper Dunkin, Margaret E. Dunkin, Mercy Dunkin, Albert Perkins, Almand Perkins & Joseph Poole vs. John J. Dunkin, Joshua Dunkin et al in Chancery, Fountain Probate Court May term 1851, the demurrer of Joseph Poole and Mercy Dunkin, two of the defendants to the bill of complaint of John J. Dunkin, Joshua Dunkin & other complainants, allege the matters ... the cause of demurrer that the complainants have not asked an order making the proper parties defendants, and the said Joseph Poole has no interest, and the parties in the bill of complaint are stated is so confused, disorderly & unintelligible manner as to render it impossible to ascertain the intention of the complainants ... they asked to be dismissed. Answer of other defendants, May 1851, Allen Dunkin, Jasper Dunkin, Margaret Elizabeth Dunkin, Albert Perkins, Almund Perkins, Mercy Dunkin & Joseph Poole ads John J. Dunkin et al; answer of Mercy Dunkin and Joseph Poole, defendants of full age, they admit the making of the will by Joshua Dunkin Senr, which was a real will ... they deny that Joshua Dunkin Senr. was at the time of signing the will of unsound mind ... They deny the estate was worth $30,000 but say it was worth no more than $15,000, they admit that after the making of the will, the said Joshua Senr. conveyed the farm upon which he then resided the use of which he had so bequeathed to the defendant Mercy Dunkin when he made the will ... but deny the inference drawn by the complainants that he thereby revoked the will ... /s/ Mercy Dunkin, Joseph Poole as admrs of Joshua Dunkin. All defendants have been served more than 30 days before the first day of the present term of Court, that Allen Dunkin, Jasper Dunkin, Margaret E. Dunkin, Albert Perkins & Almond Perkins defts, are minors under 21, appoint Joseph Ristine guardian to answer on their behalf. (pg.151) Court to protect the interests of the minors. The cause was not submitted to a jury (but should have been), continued to August term 1857. (repeats denial of bill of complaint)
18 Aug. 1857, submitted to jury, which postponed until 19 Aug. 1857, heard arguments, Jury found the will was not the last will and testament, and the letters of administration granted Joseph Poole are hereby revoked, and the defendants Allen Dunkin, Jasper Dunkin, Margaret E. Dunkin and Mercy Dunkin pay and satisfy the costs & charges herein accrued, that Joseph Poole settle his account as admr. & pay the said costs, and afterwards on 20 August 1851 a bill of exception was filed: Mercy Dunkin et al vs. John Dunkin et al, ... the court gave instructions to the jury that the subsequent [disposition of the land revoked the devise] but did not revoke the will. /s/ 5 Sept. 1851, J. Ristine, Clerk. (FHL film 1,321,701)
9-174/177: 11 Aug. 1851, Mary Duncan vs. David Duncan et al, Petition for Dower. That on 13 June 1851 the above petition by Brier & Voorhees her attys filed in the office of the Clerk the following petition ... Feb. 1851, Mary Duncan vs. David Duncan, Thomas Dunkin, Ann Jane Braley formerly Ann Jane Duncan, James Griffith and Mary Griffith his wife formerly Mary Duncan, George Gurthrie and Sarah G. Gurthrie his wife formerly Sarah G. Duncan, David Jones and Harriett Jones his wife formerly Harriett Duncan, Martha Ann Duncan, George Duncan, Eliza Duncan and Harriett Duncan, minor heirs of John Duncan decd. To the Hon. David Rawles, Judge of the Fountain Probate Court. Your petitioner complaining would show that David Duncan late of Fountain Co. IN died on or about 15 Sept. 1850 leaving her as the relict and widow of said deceased, and that she claims dower as widow aforesaid in the following described lands: NW 1/4 Sec.34 Twp.21 Range 7, containing 160 acres, the NE 1/4 SE 1/4 Sec.34 Twp.21 Range 7 containing 40 acres, the E 1/2 NE 1/4 Sec.33 Twp.21 Range 7, 80 acres, and E 1/2 SW 1/4 Sec.9 Twp.20 Range 7, 80 acres; that David Duncan decd died seized of an estate in fee simple in all the above lands and left surviving him as his heirs at law, David Duncan, Thomas Duncan, Ann Jane "Brdley" formerly Ann Jane Duncan, James Griffith and Mary Griffith his wife formerly Mary Duncan, George Gurthrin (Gusthin? Gurthrie?) and Sarah "G." Gurthrin (Gusthin? Gurthrie?) his wife formerly Sarah "J." Duncan, David Jones & Harriet Jones his wife formerly Harriett Duncan, Martha Ann Duncan, George Duncan, Eliza Duncan and Harriett Duncan. Said Martha Ann, George, Eliza & Harritt Duncan being the heirs of John Duncan decd. and minors under age of 21 years for whom one Saml? Griffith is guardian, the heirs all reside in Fountain Co. IN and they are the only persons? having any interest either legal or equitable in the above lands (pg.175) but petitioner had made no demand of her dower in consideration of the infancy of the minors; she asks the court to ascertain her rights in the premise and asks three disinterested parties to set off her dower, and the court issue a summons. /s/ Mary Duncan by Briser? & Voorhees.
On 10 Jan. 1851, a summons was issued to David Duncan, Thomas Duncan, Ann J. Bodley formerly Ann J. Duncan, James Griffith & Mary Griffith his wife formerly Mary Duncan, George Gurthrie & Sarah I. Gurthrie his wife formerly Sarah I. Duncan, David Jones & Harriett his wife formerly Harriett Duncan, (Martha Ann Duncan, George Duncan, Eliza Duncan, Harriett Duncan minor heirs of John Duncan decd., James Griffith Guardian) ... Afterwards on 10 Feb. 1851, came the petitioner and the defendants made default, Charter Tyler appointed guardian ad litem for minors to protect their interests; the court is satisfied that Mary Duncan is the widow of the said David Duncan decd, who owned the property described, and she is entitled to the equal 1/3 in value, John Foster, Samuel Wilson and Solomon Hatfield appointed commissioners to lay off the dower, they made their report that they had assigned her dower (MAD: not copied here). /s/ 12 May 1851, J. Ristine, Clerk. (FHL film 1,321,701)
9-268/273. Court 10 Nov. 1851, David Duncan vs. Thomas Duncan, Ann J. Bodley formerly Ann Duncan, George Gurthine & Sarah his wife formerly Sarah Duncan, Samuel Moffath, Martha Ann George & Eliza Duncan heirs of John Duncan deceased, Partition. That on 14 Nov. 1851, came petitioner by Brier & Voorhees his attorneys, and filed petition, David Duncan vs. Thomas Duncan, Ann J. Bodley formerly Ann J. Duncan, George Gurthrie as purchaser of the share of James and Mary Griffith she being formerly Mary Duncan an heir & also the share of said Gurthrie & Sarah his wife formerly Sarah Duncan, Samuel Moffatt as purchaser of the share of David Jones and Harriet his wife formerly Harriet Duncan & Martha Ann George & Eliza Duncan children of John Duncan and entitled to the share of their said father for whom James Griffith is guardian. That David Duncan Sen. of said County departed this life on or about 15 Sept. 1850 intestate leaving as his heirs your petitioner & the above defendants as his heirs except George Guthrie and Samuel Moffatt who purchased the shares of two of said heirs, that the said minor heirs of John Duncan being entitled to the share of their deceased "farther" being one seventh part of the real estate & your petitioner and the other defendants are each entitled to one seventh part except said George Gurthrie who is entitled to two seventh one as purchaser of the share aforesaid of James Griffith & his wife & the other to he & his wife that they are each seized by descent as heirs of David Duncan & as purchasers from said heirs to the one undivided seventh except said Gurthrie & wife as aforesaid who have two undivided sevenths except your petitioner who received no advancements from said decd in his lifetime of $300 which he requests said commissioners to take into consideration in said partition; said David Duncan died seized in fee simple of the NW 1/4 Sec.34 Twp.21 Range 7 containing 160 acres and the NE 1/4 SE 1/4 Sec.34 Twp.21 Range 7W containing 40 acres & E 1/2 NE 1/4 Sec.33 Twp.21 Range 7 containing 80 acres, also the E 1/2 of SW 1/4 of Sec.9 Twp.20 Range 7 80 acres all in Fountain Co. IN of which land 80 acres has been assigned as dower to Mary Duncan the widow of said David Duncan decd. Petitioner asks for partition of the land except the portion assigned as dower. /s/ Brier & Voorhees attys for Complt., October 16, 1851. Bond of $500 to agree to stand by the division of said real estate by Able Claypool, Simon Brown & Ellis Insley ... /s/ Thomas Duncan, G.W. Gurthrie, David D. Duncan, Samuel Moffatt, Ann J. Bodley, J.D. Griffith guardian for the minor [children] of John Duncan decd, attest David (X) Stephens.
Comes also the defendants Thomas Duncan, Ann J. Bodley, George Gurthrie & Sarah his wife & Samuel Moffatt of full age, and comes also James D. Griffith guardian at law for the defendants Martha A. George & Eliza Duncan & in open court admit & confess the truth of the matters, and the court decreed that the said David Duncan died seized in fee simple of the following lands (MAD: see above) and the said David Duncan died leaving Mary Duncan his widow and David Duncan the petitioner, James Griffith, Mary his wife formerly Mary Duncan, Thomas Duncan, David Jones & Harriet his wife formerly Harriet Duncan, George M. Gurthrie, Sarah his wife formerly Sarah Duncan, and Martha Ann George & Eliza Duncan representing the interest of John M. Duncan decd his heirs at law & tenants in common of the said land, and that said Thomas Duncan Ann J. Bodley are each entitled to the equal one seventh in value of the lands, and the said Martha Ann George and Eliza Duncan in right of their father are entitled to the equal one seventh ... and that George W. Gurthrie & Sarah his wife in right of his wife are entitled to the equal one seventh ... and that the said George W. Gurthrie is entitled by purchase from James D. Griffith & Mary his wife the equal one seventh, and that Samuel Moffatt is entitled by purchase from David Jones & Harriet his wife the equal one seventh, and that the said petitioner David Duncan received as an advancement in the lifetime of David Duncan decd. $300 and that he is entitled to the equal one seventh less the sum of $300, all subject to the dower of said Mary Duncan widow, which has heretofore been set off and assigned by a decree of this court.
It is further ordered and decreed that Abel Claypool, Simon Brown & Ellis Insley are appointed commissioners to make partition of the lands ... and report to the court ... report filed, that on 14 Nov. 1851: to Thomas Duncan, share #1 on the plat marked (A) (sketch on pg.271 of Complete Record Book), composed of 10 acres on W.side of E 1/2 NW 1/4 Sec.34 Twp.21 Range 7 & W 1/2 NW 1/4 SE 1/4 Sec.34 Twp.27 Range 7, and 9 acres adj. & west of 10 acres on E side E 1/2 SW 1/4 Sec.9 Twp.21N Range 7W; and set apart to Ann J. Bodley formerly Ann J. Duncan share #2, 38 acres & 60 rods; Dowery 70 acres E.side E 1/2 NW 1/4 Sec.34 Twp.21 R7W; John Duncans heirs share No.3 containing 40 acres & 100 rods; Sarah Gurthreys share No.4 containing 41 acres; Geo. W. Gurthrie as purchaser of Mary Griffiths share No.5 containing 26 acres; Saml. Moffatt as purchaser of Harriet Jones share No.6 containing 24 acres; all Twp.21N R7W; and division (not copied here) of Twp.20 R7. (legal description of land partitions on pg.270-272, not copied here). /s/ 14 Nov. 1851, J. Ristrine? Clerk. Petitioner and defendants to pay and satisfy the costs accrued herein in proportion to their respective interest. (FHL film 1,321,701)
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