Duncan research files of
1840 Marion Co. IN Census Pg.255 James Duncan 0200,0001 - 0100,001 Pike (MAD: uncle of Robert B. Duncan; from Ross Co. OH; one James Duncan mar. Mary Beck 9/19/1830) 312 Alexr. Duncan 1000,1 - 0000,1 Lawrence 346 John Duncan 0000,0001 - 0000,0001
1850 Marion Co. IN Census
Pg.215(429) #311-317, David DUMON 34 SCT carpenter $2000
Barbara 35 PA
Margaret 8, Caroline 6 IN
Wollace (m) 4, Theo. (m) 2 IN
Pg.225, #436, Benjamin POTTAGE 46 ENG
Sarah M. 25 PA & family
Charlotte DUNCAN 50 VA
Pg.268, #1043, Mary SANDERS 50 KY $8000
J.T. (f) 13 IN
Rebecca HIATT 17 IN
Robert B. DUNCAN 42 NY atty $18000
Mary 27 KY
John L. 5, Robert P. 3 IN
(MAD: Robert B. Duncan mar. Mary E. Sanders 12/21/1843)
Pg.269 - Hannah Dugan - not Duncan, not copied
Pg.279, #1148, Valentine B. CRESS/CREP. family
Alfred DUNCAN 20 IRE blacksmith
Pg.393, #784-784, Alexander DANCAN 35 NC farmer $0
Sarah 32 NC
John 4? (11?) IN
Susan 8 IN
Sarah 7 IN
Minerva 5, Nancy 3, Mary 1 IN
(MAD: John's age might be 11, but it looks more like a 4; 1860 Brown Co. IN census)
Pg.438, #1432, John DUNCAN 63 PA farmer $2,500
Marah (f) 38 KY
Mary DERMANN 12 IN
(MAD: ?? one John Duncan mar. Mariah Combs 10/25/1849 Hendricks Co. IN)
1860 Marion Co. IN Census
Indianapolis, Ward 6
Pg.511, #258-258, James DUNCAN 32 IRE day laborer $0-$20
Sarah 25 KY
Jane 8, Robert 6, Wm. 4 IN
Pg.657, #221-218, William DUNCAN 30 KY laborer $0-$500
Jane 25 IN
Ester 4 IN
Joseph DINWIDDY 22 IN laborer
Pg.796, #514-421, Robert DUNCAN 50 NY lawyer $28000-$5000
Mary 37 KY
John 14, Robert 12, Anna 4 IN
Pg.919, #8-8, Henry DUNCAN 23 OH farmer $0-$100
Emily 24 IN
Sarah R. 3 IN
Pg.926, #52-52, John S. DUNCAN 73 PA farmer $900-$600
Hannah 33 KY
(MAD: no children, but household at bottom of page, next page started household with #115 although page numbering is in order)
Pg.931, #52-52, Martha A. HATFIELD? 30 NY school teacher
Sarah A. 12 IN
(MAD: this page continued numbering households including #52 at top of page, then #53, etc.)
Pg.935, #91-91, Harden DUNCAN 47 KY farmer $3000-$500
Sylia (f) 37 VA
John 21, Henry 20, Mary 17 OH
Nancy 16, Elisabeth 15 OH
Sarah 10, Margaret 8 OH
(MAD: 1850 Hendricks Co. IN census; mar. Sylvia Haywood 3/9/1837 Clermont Co. OH)
1870 Marion Co. IN Census (pg.138, 143, 468 also from Kathy Cawley 2/2002)
Sub. Division 3, Indianapolis
Pg.77, #209-246, DUNCAN, John 38 IN brickmason $1200-$100, father of foreign birth
Nancy 30 OH milliner
John 12, Alice 10 IN at school
2nd Ward, City of Indianapolis
Pg.81, #569-566, DUNCAN, John 38 IN brick mason $1000-$100
Nancy 31 OH miliner
John 11, Mary A. 10 IN attending school
Pg.105, #976-973, DUNCAN, John S. 24 IN prosecuting attorney $0-$1000
Esther 21 IN keeping house
Wallace (m) 2 IN
DAVIS, Mary 22 KY BLACK domestic servant
Pg.105, #977-974, DUNCAN, Robert B. 60 NY lawyer $100,000-$13,000
Mary E. 49 KY keeping house
Robert P. 22 IN Sup. Cotton Mill
Anna 15, Elenna (f) 10 IN attending school
HOLLY, George 20 GERmany d. servant, parents of foreign birth
JONES, Maggie 25 IRE domestic servant, parents of foreign birth
O'COMER, Mary 25 IRE domestic servant, parents of foreign birth
(MAD: parentage as given)
Ward 3, City of Indianapolis
Pg.115-116, #121-122, VAN KURAN, Edward 43 NY builder $0-$300?
Susan 41 OH keep house, father of foreign birth
William 18, James 15 OH at school
Nannie C. (f) 13 IA ("Iowa")
Charles W. 9, Susan M. 7 IA
Franer (sic) (m) 5 IA
Harry 2 IN ("Ind.")
DUNCAN, James R. 40 OH plasterer, father of foreign birth
John E. 44 OH painter, father of foreign birth
Ward 4, City of Indianapolis
Pg.190, #122-132, DUNCAN, David 33 OH wks store? --?-- $0-$300
Kate 25 OH keepg. house
Minnie (f) 2 IN
Ward 9, City of Indianapolis
Pg.486, #157-166, DUNCAN, E.W. (f) 40 KY keeping house $5000-$500
ORRUNLY? (ARRUNLY?), W.S. (f) 22 KY
HARTEN, O.L. (f) 11 IL
GREENLEAF, L. (f) 3 IL
PORTER, C.A. (f) 22 KY
SHEEN, Mary 13 MA servant
4th Sub Div. Ward 2, City of Indianapolis
Pg.94, #153-158, FISCIN, William 37 OH brick mason $1700-$125
Elizabeth 36 IN keeps house
Mary L. 11 IN at school
Georgiana 8 IN at school
James 4 IN
DUNCAN, Robert 37 IN carpenter $0-$0
5th Sub Div., Ward 2, City of Indianapolis
Pg.109, #5-5, DUNCAN, R.B. 60 NY lawyer $175,000-$14,000, parents of foreign birth
Mary E. 47 KY keeps house $0-$3000, parents of foreign birth
Robt. P. 23 IN Supt. Cotton Mill $0-$6500, parents of foreign birth
Anna B. 15 IN attendg. school
Nellie G. 10 IN attendg. school
VANICAN, Alexander 25 NY Fire Ins. Agt., parents of foreign birth
REVAL, William O. 23? IN farmer $10,000-$1000, parents of foreign birth
SHEHAN, Mary 24? IRE domestic servt., parents of foreign birth
MUCK, Margaret 26 IRE domestic servt., parents of foreign birth
DUTCH, John 30 (Germany crossed out) HOL? HES? laborer on farm, parents of foreign birth
(MAD: parentage as given)
Pg.138, #412-422, DUNCAN, John S. 24 IN lawyer $0-$1000
Esther 21 IN Keeps House
Wallase (m) 2 IN
GAVEN, Mary 30 IN (white) Dom Servant
6th Sub Div., Ward 3, City of Indianapolis
Pg.143, #35-37, KENRON, Edward 46 NY carpenter $0-$200
Susan 36 OH keep house, father of foreign birth
Silliam 18, James 15 OH Atg. School
Nancy 13, Charles 11, Susan 8 IA Atg School
Franklin 5 IA
Harry 3 IN
DUNCAN, James 30 OH plasturer, father of foreign birth
John 48 OH house painter, father of foreign birth
JOHNSON, Ellen 32 KY domestic
3rd Ward, Indianapolis, Sub. Div. No.7
Pg.169, #42-52, DUNCAN, David 33 OH wks. bootur?? shop $0-$0
Catherine 25 OH keeps house
Pg.170, #58-69, GRIFFEN, Mike 45 IRE drayman $2000-$2000, parents of foreign birth
Hanora (f) 32 IRE keeps house, parents of foreign birth
Patrick 9 IN Atg. School, parents of foreign birth
Hellen 7 IN Atg. School, parents of foreign birth
Kate 3, Mike 1 IN, parents of foreign birth
DUNCAN, Ida 2 IN (not parents of foreign birth)
Jane 1 IN (not parents of foreign birth)
3rd Ward, Indianapolis, Sub Div. 8
Pg.217, #226-316, TYLER, Rebecca 50? MD keeps boarding house $0-$400
and many people, including
DUNCAN, Richard 25 NY telegraph Opr.
21st Sub Div. 9th Ward, City of Indianapolis
Pg.627, #541-692, McCARTY?, Mary 66 IRE keep house, parents of foreign birth
McLAUGHLIN, Thos. 40 IRE farmer & family, parents of foreign birth
and many others, including
DUNCAN, William 25 NY R.R. Brakman
Pg.446, #200-203, DUNAKEN, Wm. H. 45 MD brick mayca? $800-$200
Mary A. 41 KY housekeeper
Evie Bell (f) 18, Laura V. 15 OH at home
George W. 5 IN at home
Pg.468, #68-68, DUNCAN, John 31 OH farmer $0-$0
Amanda 28 IN Keeping House
James H. 8, William O. 4, Mary A. 2 IN
Pg.468, #70-70, DUNCAN, Hardin (m) 53 KY farmer $0-$400
Selva (f) 60 VA Keeping House
Martha 18 VA
Elizabeth 24 OH cannot write
Sarah 20 IN cannot write
Margaret 19 IN cannot write
JONES, Francis (m) 13 IN (white) cannot write
Pg.471, #130-130, POLLARD, Henry A. 30 OH saw milling $0-$0
Ann 47 IN keeping house
Alva A. (m) 16, Dan F. (m) 14 IN
William G. 5 IN
DUNCAN, Sarah 22 IN domestic
Pg.480, #275-275, COOPER, Daniel 72 VA farmer $4800-$500
Rachel 75 VA keeping house
Catharine 40 IN
DUNCAN, Emily 37 IN
SWEENEY, Henry 15 NY
Pg.523, #16-16, DUNCAN, Henry 37 VA BLACK farmer $0-$0
Mary W. 14? IN BLACK
BROWN, Matilda 78 KY BLACK keeping house
HARRY, Charles 13 IN BLACK works on farm
Pg.587, #342-342, HARDING, Noah 53 IN farmer $15,000-$1,500
Matilda C. 42 KY keeping house
Charles A. 21 IN works on farm
Maria 19, Frank 14 IN
SMITHER, Robert 8 IN
DUNCAN, Robert 25 KY BLACK farm hand
LINCH, Mary 19 KY BLACK domestic
1880 Census, Indianapolis, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 3, E.D.# 12, Page# 459A, Image 59 of 61
Mary, w/f, age 53, Head, m'd., keeping house, PA./PA./PA.
Ollie, w/f, age 18, Daughter, single, seamstress, PA./PA./PA.
DUNCAN, Carrie, w/f, age 40, [no relationship stated], m'd., OH./OH./OH.
DUNCAN, James, w/m, age 51, Brother, m'd., teamster, OH./OH./OH.
DUNCAN, Frank, w/m, age 6, Son, IN./OH./OH.
*KDC: why was the residence #'s divided? Was Carrie the wife of James?
KDC: Death Record, Book H-3, pg.302, (WPA), Indianapolis, IN: Jas. R. Duncan, Mar 25, 1890, Indianapolis, age 60 yr, Male, white.
KDC: James R Duncan, Indianapolis, IN, plasterer, 1889; Location 2: rear 490 W North. James R Duncan, Indianapolis, IN, plasterer, 1890; Location 2: rear 490 W North.
KDC: Index to Indiana Marriage Records 1871-1875: James R. Duncan to Clara J. Durby, 22 July 1872, Marion Co. IN, age 42; Book 26.
1900 Census, Center Township, Indianapolis, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 88, Page# 164A, Image 21 of 29
620 North West Street
Ephraim, Head, w/m, Sept 1840, age 59, m'd 32 yrs., OH./OH./VT., saleman/common house?
Nellie, Wife, w/f, Jan 1850, age 50, 5 chi. born, 3 living, OH./PA./MD.
Hattie, Daughter, w/f, May 1869, age 31, single, IN./OH./OH., tile edger/tile works
DUNCAN, Myrtle, Daughter, w/f, Jan 1871, age 29, m'd 6 yrs., 1 chi. born, 1 living, IN./OH./OH., tile edger/tile works
DUNCAN, Gordon, G-son, w/m, July 1895, age 4, IN./IN./IN.
KDC: Index to Indiana Marriage Records 1866-1870: Ephraim McCormick to Nellie Swindler, 11 Sep 1867, Marion Co. IN; Book 12.
1900 Census, Center City, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 72, Page# 301, Image# 1 of 17
628 [street name unreadable]
Clara, Head, w/f, May 1840, age 60, w'd., m'd 20 yrs., 1 chi. born, 1 living, OH./OH./OH.
Mc Duncan, Son, w/m, Sept 1874, age 25, m'd 5 yrs., IN./OH./OH., day laborer
1900 Census, Center Township, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 1/2007)
S.D.# 7, E.D.# 80, Page# 54B, Image# 29 of 36
48 [no street]
William, Head, w/m, May 1840, age 60, m'd 31 yrs., IN./N.C./N.C., teamster
Emma, Wife, w/f, May 1851, age 49, 9 chi. born, 9 living, IN./OH./OH.
John V?., Son, w/m, Sep 1875, age 24, single, IN./IN./IN., day laborer
Mary E., Daughter, w/f, Nov 1882, age 17, IN./IN./IN., seamstress
Daisy V?., Daughter, w/f, Se 1887, age 12, IN./IN./IN., at school
William, Son, w/m, Nov 1889, age 10, IN./IN./IN., at school
(KDC: see 1880 Hendricks Co. IN census)
1910 Census, Center Township, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 98, Page# 17, Image# 1 of 17
623 St. Clair Street
Ephraim, Head, m/w, age 69, m1x, 41 yrs., OH./OH./VT., sales agent/commission house
Helen, Wife, f/w, age 65, m1x, 5 chi. born, 3 living, OH/PA./MD.
Hattie, Daughter, age 40, single, IN./OH./OH., tilemaker/tile works
DUNCAN, Gordon G., Grandchild, m/w, age 14, IN./IN./IN., stock keeper/store
DUNCAN, Helen, Grandchild, f/w, age 9, IN./IN./IN.
SATTERFIELD, Albert, Boarder, m/w, age 36, single, IN./TN./OH., bartender/saloon
1910 Census, Center City, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 100, Page# 140B, Image# 4 of 17
Clara J., Head, f/w, age 68, w'd., 1 chi. born, 1 living, OH./OH./OH., no occupation
S.D.# 7, E.D.# 110, Page# 140B, Image# 24 of 26
labeled supplemental sheet
734 West Pratt Street
living in rooming house with many people
DUNCAN, Myrtle, Lodger, f/w, age 32, M1X, 7 yrs., IN./IN./IN.
DUNCAN, Frank, Lodger, age 37, M1X, 7 yrs., IN./IN./IN., contractor/cement
KDC: Index to Indiana Marriage Records 1891-1895: Myrtle McCormack to Frank M Duncan, 2 Jan 1895, Marion Co. IN, she age 26; Book 359.
1920 Census, Center Township, Indianapolis, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 93, Page# 16B, Image# 4 of 12
2353 North Western Avenue
Gordon G., Head, rents, m/w, age 24, IN./IN./IN., ??? cutter/tailor shop
Alice C., Wife, f/w, age 17, IN./IN./IN, clerk/tailor shop
McCORMICK, Nellie, f/w, age 76, w'd., OH/PA./MD.
S.D.# 7, E.D.# 64, Page# 57, Image 21 of 35
317 West 19th
BLEEKE, [may be Blake]
Fred, Head, rents, m/w, age 50, IN./PA./MI., moulder/foudry
Myrtle, Wife, f/w, age 46, IN./OH./OH.
DUNCAN, Helen, Step-daughter, f/w, age 19, single, IN./OH./IN., stenographer/real estate
1920 Census, Center City, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 12/2006)
S.D.# 7, E.D.# 105, Page# 18, Image 35 of 40
889 West Pratt Street
Frank M., Head, rents, m/w, age 45, IN./IN./IN., finisher/cement
Hattie, Wife, f/w, age 44, IN./IN./KY.
Clara, Mother, f/w, age 81. w'd., IA./IA./IA.
KDC: Index to Indiana Marriage Records 1916-1920: Hattie M Nodles to Frank M Duncan, 18 Feb 1918, Marion Co. IN, she age 43; Book 96, OS Page 297.
(KDC: 1930 Hamilton Co. OH census)
1920 Census, Wayne Township, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 1/2007)
S.D.# 7, E.D.# 269, Page# 245B, Image# 12 of 28
719 North Pershing Avenue
John, Head, rents, m/w, age 46, IN./IN./IN., fireman/furniture co.
Julia, Wife, f/w, age 38, IN./IN./IN.
Viana, Daughter, f/w, age 13, attends school, IN./IN./IN.
Dorothy, Daughter, f/w, age 11, attends school, IN./IN./IN.
Melvin, Son, m/w, age 8, attends school, IN./IN./IN.
Sylvia, Daughter, f/w, age 6, attends school, IN./IN./IN.
Delbert, Son, m/w, age 4 9/12, IN./IN./IN.
Bessie M., Daughter, f/w, age 3 6/12, IN./IN./IN.
(KDC: 1910 Boone Co. IN census)
1930 Census, Center Township, Indianapolis, Marion County, Indiana (from Kathy D. Cawley 12/2006)
E.D.# 49-119, S.D.# 8, Page# 3, Image# 5 of 35
734 Bradley Street
Gordon, Head, rents/$35., m/w, age 34, m'd at 24, IN./IN./IN., cutter/clothing
Alice, Wife, f/w, age 28, m'd at 17, IN./IN./IN.
Richard, Son, m/w, age 7, IN./IN./IN.
KDC: Index to Indiana Marriage Records 1916-1920: Gordan G Duncan to Alice Jones, 4 Oct 1919, Marion Co. IN; he age 24; Book 105, OS Page 535.
1930 Census, Wayne Township, Indianapolis City, Marion County, Indiana (from Kathy D. Cawley 1/2007)
E.D.# 49-440, S.D.# , Page# 216, Image 19 of 36
931 Fremont/Tremont Avenue
John B., Head, rents/$15., m/w, age 56, m'd at 32, IN./U.S./U.S., fireman/baking co.
Julia A., Wife, f/w, age 47, m'd at 23, IN./IN./IN.
Sylvie E., Daughter, f/w, age 17, single, IN./IN./IN.
Delbert E./Aelbert E., Son, m/w, age 15, attends school, IN./IN./IN.
Bessie M., Daughter, f/w, age 14, attends school, IN./IN./IN.
Agnes L., Daughter, f/w, age 10, attends school, IN./IN./IN.
Mary E., Daughter, f/w, age 6, attends school, IN./IN./IN.
Marion Co. IN General Index to Estates (FHL film 382,747)
#1150: Estate of James Duncan, letters issued 19 Jan. 1857, 8-162; admr. Robert B. Duncan, died 23 Dec. 1856, will C-90, 9 Jan. 1857; bond $900 by David S. Beaty; inv. filed 14 April 1857, $90.60; estate settled 21 April 1857, 8-209 & 8-239; complete record 7-562.
#1152: Estate of Charlotte Duncan, 25 Sept. 1857, admr. Samuel McCundy, died 8 Sept. 1857, bond $1600 by Thomas True?, inv. filed 16 Oct. 1857, $1755.10; report 9 Oct. 1858, T-459; collateral proceedings 8-320; estate settled 21 Dec. 1859, 9-48; letters confirmed 8-305; complete record 11-166.
#1504: Estate of John S. Duncan, 20 June 1864, letters 13-668, exec. or admin. Isaiah Coughren; died 6 April 1864; bond $13000 by John M. Ross; Inventory & sale bill filed Aug. 11, 1864, inventory $6,641.48; final settlement, estate settled June 12, 1867, 19-686; complete record 24-614.
#1951: Estate of Henry Duncan, letters dated Oct. 1, 1868; admin. or exec. John H. Wiley; died 25 Aug. 1868; bond $1000 by William R. Manlove; inventory & sale bill filed Feb. 16, 1869, inventory $353.70 and sale bill $405.98; estate settled Dec. 3, 1869, 28-525; Letters confirmed 23-579; complete record 31-14.
No Alamander Duncan to 1880
Marion Co. IN Will Books
C-90: James Duncan of City of Indianapolis, Marion Co. IN, feeble in body; to my daughter Elizabeth $100 out of residue of personal estate after debts if there be sufficient; and that her minority shall be no bar to her receiving and receipting the money, and if necessary, she shall receive so much of my real estate or the proceeds to make up the money; the remainder divided between my wife (unnamed) and all my children, including said Elizabeth, as the law directs. Appoint my nephew Robert R. Duncan exec. 22 Feb. 1855, /s/ James Duncan, wit. Mary E. Duncan, Robert R. Duncan. Proved 9 Jan. 1857. (FHL film 499,449)
G-281: Hardin Duncan of Marion Co. IN; to my wife in lieu of her interest in my lands, the farm on which we now reside in Marion Co. IN containing about 18 acres for life, and stock, household goods, etc., she to sell enough to pay just debts. At death of my said wife Silva Duncan, all property be equally divided between my seven children now living, Martha Tomlinson, John Duncan, Henry Duncan, Mary Bird, Nancy Hogwood (Hojwood?), Elizabeth Duncan, Margaret Duncan and that the heirs of my deceased daughter Sarah Richwine be allowed also one equal share with the above named heirs. Appoint wife Silva Duncan exec; revoke former wills, 25 Oct. 1880. Wit. George W. Tomlinson, John B. DeMotte. Proved 4 Nov. 1880. (FHL film 499,451) (MAD: 1850 Hendricks Co. IN census, from Clermont Co. OH)
Marion Co. IN Complete Record, Court of Common Pleas
7-562: April, 1857; settlement of James Duncan's estate; Robert B. Duncan appeared 17 Jan. 1857 and said that James Duncan died (too faint) Dec. 1856, leaving estate of $450; Robert B. Duncan appointed exec. after filing bond of $900 with David S? Beaton? and Samuel Meek? as security; copy of will of James Duncan; on 14 April 1857, executor filed inv. & appraisement made by William D. Wygant & David S. Braly, value of personal prop. $90.60, includes stove, 3 beds, 1/2 dozen Windsor chairs, 1 rocking chair, 22 yards carpeting on floor, etc.; receipt for property and $100 by Elizabeth (X) Duncan; final settlement April 1857; mentions property taken by the widow; cash paid Elizabeth Duncan; cash paid for debts; cash paid Elizabeth Duncan the widow. (children not named). (FHL film 522,965)
11-166: Dec. 31, 1859, settlement of Charlotte Duncan's estate; Samuel McCurdy is brother and surviving heir and sole heir and entitled to estate; she is without a surviving husband; estate closed. (her husband never named). (FHL film 522,967 item 2) (MAD: b.1800 VA, d.1857)
24-614: June 12, 1867, settlement of estate of John S. Duncan who died leaving no child or descendants of any child and no father or mother but leaving Hannah Duncan his widow. (FHL film 522,974)
31-14: November term 1869, settlement of estate of Henry Duncan; balance paid to widow Emily Duncan; no children named. (FHL film 522,977)
Marion Co. IN Guardian Docket Index (FHL film 514,313)
Duncan, Lucy, Vol.4, pg. 159
Go to the Marion Co. IN Land Records
"Reports of cases argued and determined in the Supreme Court of Judicature of the state of Indiana" ("Indiana Reports") by Albert G. Porter A.M., Vol.IV; Vol.4, pgs.648 to 652 (California State Law Library, Sacramento, 12/2003)
NOSSAMAN and Others v. NOSSAMAN; Supreme Court of Indiana; 4 Ind. 648; December 31, 1853, Decided.
Error to the Marion Court of Common Pleas.
(opinion) Roache, J. -- This was a bill in chancery for partition by Wellington Nossaman and others against Adam Nossaman.
A portion of the complainants claim that they are entitled to the partition, as the only legitimate children and heirs of John Nossaman, deceased, who died intestate, to the exclusion of the defendant, Adam Nossaman, whom they charge to have been illegitimate. But if they shall be found not to be the legitimate children of the intestate, it is alleged that Sidney Belcher, another of the complainants, who is a sister of the defendant, is entitled as the next of kin, on the ground that, admitting Adam be the only legitimate child, he is estopped from setting up any claim, by the following instrument of writing:
"Indiana, Marion County, Oct. 4, 1842. -- I, Adam Nossaman, do hereby acknowledge to have received the distributive share of my father's estate, John Nossaman, and hereby release all my claim to his real and personal estate which he now has, or hereafter may have. Witness my hand and seal this day and year first above written. Adam Nossaman, (seal.) Witness, Nathaniel M. Grew, Lewis C. Lewis." The writing was acknowledged before Lewis C. Lewis, as recorder, and recorded October 4, 1842.
Adam Nossaman answered, denying that any of the complainants were entitled as children or heirs at law of the intestate, and denying that the complainants, who claimed as the children of the intestate, were legitimate, and asserting that the writing purporting to be a release was a nullity. He also filed a cross-bill alleging himself to be the only legitimate child of the decedent, and, as such, entitled to the whole estate.
The Court below dismissed the complainants' bill.
The material facts, as we collect them from the bill, answers, and depositions, are as follows:
In 1809, John Nossaman was lawfully married to Abigail Wylie, in Monroe county, Virginia. They lived together for some years there, and had issue one son, the defendant, Adam Nossaman. A few years after his birth, they separated, and never afterwards lived together.
About 1815, John Nossaman, and Rica Medows, who is the mother of the Nossamans complainants, commenced living together in adultery, in Monroe county, and so continued to live there till 1820, when they removed to the west; lived some time in another part of Virginia, afterwards in Kentucky, and in 1831 or 1832 removed to Marion county, Indiana, where they continued to live during the remainder of their lives.
John Nossaman died in July, 1849, Rica in July, 1848. Abigail Nossaman resided in Monroe county, Virginia, until her death, the date of which is not precisely established, but was not probably earlier than August, 1847.
It was proved that the decedent and Rica, up to the time of their leaving Virginia, were regarded as living in adultery. After their removal to Indiana, they were reputed among the neighbors to be husband and wife.
Contradictory statements appear to have been made by the decedent relative to his marriage with the said Rica. He uniformly spoke of Abigail as having been his lawful wife. To some witnesses he admitted he had never been married to Rica. To others, he spoke of having been married to her in Kentucky.
Robert B. Duncan testified that he had been clerk of the Marion Circuit Court from 1834 to 1850, and had known the decedent since his removal to Marion county, and had no recollection of issuing a marriage license to him to marry said Rica; that during said period he kept a marriage record, according to law. It was proved by the deputy clerk that he had made diligent search in the office, from the year 1831, inclusive, and that no entry of such marriage appeared on the marriage record.
The complainants contend that the long cohabitation of their father and mother, and the fact that they were reputed in Marion county, where they resided the latter years of their lives, to be husband and wife, raises a presumption of a marriage having taken place, and that consequently their children are to be presumed legitimate.
It is true that cohabitation and reputation furnish sufficient ground for presuming a marriage in fact to have taken place; but, like all other presumptions of fact, it is liable to be rebutted. It is very clear that the presumption could not arise during the lifetime of the lawful wife, because both the decedent and Rica knew their cohabitation to be adulterous in its inception, and knew they could not be lawfully married until the impediment of the subsisting marriage was removed. In such case no presumption, either of death or divorce, can be indulged in favor of the guilty parties. If a marriage in fact had taken place, in such case it would be necessary to be shown affirmatively that it had been preceded by the death or divorce of the lawful wife.
In the present case no divorce is shown. It appears that Abigail, the lawful wife, died in 1848, about one year prior to the death of Rica. This is the only period during which a lawful marriage could have taken place. In the absence of proof to the contrary, the presumption might be indulged that the parties had been lawfully married during that year. But, as we think, all the presumptions of an actual marriage arising as to that period are rebutted by the testimony of the clerk and his deputy. It is not to be presumed, in order to establish a presumptive marriage, that either the parties or the officers violated the law. It is shown that during all the period in question, the said Rica was a resident of Marion county. It was not lawful for the clerk of any other county to issue a license for her marriage. It was also the duty of the clerk to keep a record of the marriage. It is affirmatively shown that no such record is found in the office of the clerk of Marion county.
But it is insisted that if the complainants, Nossamans, are not the legitimate children of the intestate, Sidney Belcher, his sister, is the lawful heir, for the reason that Adam Nossaman is estopped by his release from setting up any claim.
We do not examine the question as to what would be the legal operation of a valid release to the father by a son of his "claim to the estate" of his father, for the reason that we consider the instrument claimed to be a release void for uncertainty. Parties are as necessary to a release, as to any other contract relating to the transfer of the title to real estate.
No title is conveyed, unless the grantee is in some way designated. The instrument being void, is totally inoperative for any purpose, and cannot be set up by way of estoppel. Per Curiam. -- The decree is affirmed with costs.
Madison Co. IN Deed
18-382/384: (heading: Duncan, Robert G. to Mears, Gen. W.) 20 Dec. 1848, Robert B. Duncan of Marion Co. IN, a Commissioner appointed by Probate Court of Marion Co. IN, to George W. Mears of same county; that Emanuel Glympse late of Marion Co. decd. owned real estate, E 1/2 NW 1/4 and W 1/2 NE 1/4 Sec.24 Twp.19N Range 6E in Marion Co. IN [MAD: as written], died Feb. 1841 intestate, leaving surviving him his children and heirs at law, to wit, Jonathan Glympse, David Glympse, Eli Glympse, John Glympse, Sarah Glympse, Joseph Glympse, Ann Glympse and Nancy Glympse; and after the death of Emanuel Glympse, Henry Myers of Marion Co. was appointed admin., and on 16 Sept. 1842 filed in the probate court his petition for the sale of the real estate for the purpose of making it assets for the payment of debts against the estate, and showing that the personal estate was greatly insufficient to pay the debts, and the heirs at law and one John Jemsir were made defendants. Proceedings were had at the March term 1843, the defendants had been notified of the hearing, the court ordered the administrator sell the several tracts of land, to wit, E 1/2 NW 1/4 and W 1/2 NE 1/4 Sec.24 Twp.19N Range 6E in Madison Co. IN, or so much as necessary to satisfy the debts. At the Feb. term 1845 the court ordered the administrator to make a private sale, for 1/3 purchase money paid and 6 months credit for 1/3 and 12 months for remaining third. On Feb. 24, 1848, Henry Myers filed his report showing he sold the real estate to George W. Mears for $200, the highest price that could be had and exceeding 2/3 the appraised value, and Mears payed down $104 and executed notes for the residue in 6 and 12 months from date of sale, and the court ordered the sale be confirmed. At the December term 1848, George W. Mears having paid the two installments, the court ordered and Robert B. Duncan was appointed a commissioner to make the deed ..., now the said Robert B. Duncan, Commissioner, sold to said George W. Mears the E 1/2 NW 1/4 and W 1/2 NE 1/4 Sec.24 Twp.19N Range 6E in Madison Co. IN. /s/ Robert B. Duncan, Commissioner. He appeared 20 Dec. 1848 before John G. Weeks, Notary Public for Marion Co. IN. Recorded March 18, 1856. (FHL film 2,110,100)
White Co. IN Deed
G-331: 31 Jan. 1853, Robert B. Duncan of Marion Co. IN for $100 paid by Samuel Duncan, sell real estate in White Co. IN, NW 1/4 SW 1/4 Sec.29 Twp.28 Range 4W containing 40 acres, also SE 1/4 of NE 1/4 Sec.30 Twp.28 Range 4W containing 40 acres, together with appurtenances, his wife Mary E. Duncan relinquishes her dower. /s/ Robert B. Duncan, Mary E. Duncan. They appeared 21 Jan. 1853 before Lucian Barbour, Notary Public for Marion Co. IN. Recorded April 3, 1855. (FHL film 2,195,526)
1921 "Gold star honor roll : a record of Indiana men and women who died in the service of the United States and the allied nations in the World War, 1914-1918" by Indiana Historical Commission (Indianapolis); Microfilm of original published: Indianapolis : Indiana Historical Commission, (FHL film 1,673,274 item 3; IN State Library book 940.3772 I385w, from C.T. Duncan 12/2007)
Contains a photograph and brief biographical sketch of each person, giving name of parents, birthplace, occupation, and service record.
Pg.386: Marion County. Duncan, Authar. Private. Son of Daniel and Barbara Carrie Duncan; born January 23, 1888, near Cloverdale, Putnam County, Ind. Moved to Indianapolis in 1892. Enlisted in U.S. Regular Army May 8, 1917, Indianapolis, Ind. Trained at Jefferson Barracks, Mo., and Ft. Bliss, Tex. Assigned to 8th Engineers Train. Died of pneumonia October 16, 1918, Base Hospital, Ft. Bliss, Tex. Buried in Mt. Jackson Cemetery, Indianapolis, Ind.
Pg.387: Marion County. Duncan, Joseph Gray, Jr. Captain. Son of Joseph Gray and Mary Canfield Duncan; born February 20, 1885, Hartford, Conn. Moved to Indianapolis in 1887. Graduate of Purdue University. Merchant. Enlisted in U.S. Regular Army in August, 1917. Commissioned Captain at Ft. Niagara, N.Y.; assigned to 315th Infantry, 79th Division. Sailed July 7, 1918. Killed in action September 20, 1918, near Montfaucon. Buried near Montfaucon, France. Cited for bravery in action. Survived by widow, Elizabeth L. Duncan, and two children Joseph Gray, and Mary Levering, Cynwyd, Pa.
Boone Co. IN Deeds
2-60: 19 Nov. 1857, John M. Foreman of Boone Co. IN to William Duncan of Marion Co. IN, $500, lot 27 in Zionsville. (FHL film 1,320,078)
7-19: 26 Feb. 1862, William Duncan of Marion Co. IN to James J. Wells, $500, lot 27 in Zionsville (from index on FHL film 1,320,154)
Boone Co. IN Re-recorded Deeds; Index to Re-recorded Deeds lost in the fire of 1856; many deeds were re-recorded. (FHL film 1,320,074)
(Other deeds for Robert B. Dunkin as Commissioner, Marion Co. IN, not copied, 2-643, 2-646, 3-465, 3-656; 6-192, 6-467 in Town of Lebanon)
2-224: 18 April 1842, Robert B. Dunkin, Commissioner, Marion Co. IN, to Robt. Burns, NW 1/4 SW 1/4 Sec.7 T18N R1E, 40 acres. (from index only)
5-491: 10 Dec. 1844, Richard Bovee and wife Orpha Y. of Boone Co. IN to Robert B. Duncan of Marion Co. IN, $200, 30 acres off N end E 1/2 of NE 1/4 Sec.8 T17 R2E. Wit. James T. Marsh, Jacob Brimmer. (FHL film 1,320,071)
5-492: 10 April 1852, Robert B. Duncan and wife Mary E. of Marion Co. IN to John R. Irick of Boone Co. IN, $240, 30 acres off N end E 1/2 NE 1/4 Sec.8 T17 R2E. (FHL film 1,320,071)
Brown Co. IN Deeds, Vol.A, 1849-1875 (FHL film 1,954,358 item 2; SLC 2/2009)
A-566: 24 Aug. 1859, James S. Hester and wife Hester Ann Hester (MAD: names as given) of Brown Co. IN to Alexander Duncan in Marion Co. IN, for $1200, SE 1/4 NW 1/4 and SW 1/4 NW 1/4 Sec.5 T8N R2E containing 80 acres, also lots 5 and 6 south of the Indian Boundary line in Sec.5 T8N R2E containing 74 acres 60/100 except 5 acres heretofore sold off said tract to James Chandler, subject to a mortgage to the Sinking Fund of $500. Ack. 24 Aug. 1859. Recorded in Record K, page 350. Rec. 1 Jan. 1875.
Cass Co. IN Deed (FHL film 1,995,082; SLC 10/4/2011)
F-84/86: #2590. Robert B. Duncan to Elizabeth Jackson, Commissioner's Deed. That on 4 April 1840, Elizabeth Jackson, Joseph Jackson, William J. Jackson, Polly Ann Jackson, Sarah Jackson, and Eli Jackson, infants within the age of 21 years, by Zadock Jackson, their Guardian and next friend, filed in the Marion Circuit Court their bill of complaint for assignment of dower and partition against Charles Allen and Celia Allen his wife showing their father Eli Jackson was seized in fee of tracts and parcels of land, the W 1/2 SW 1/4 Sec.16 Twp.14N Range 2E and N 1/2 SE 1/4 same section, twp. & range, both tracts in Marion Co. IN, and also E 1/2 SE 1/4 Sec.29 Twp.27N Range 3E, the E 1/2 NE 1/4 Sec.18 Twp.27N Range 2E and E 1/2 NE 1/4 Sec.7 Twp.27 Range 2E, the last 3 tracts in Cass Co. IN, and said Eli Jackson about the "__" day of Dec. 1834 died intestate leaving Celia Jackson now Celia Allen his widow and said petitioners his children and only heirs, ... they petition for a division of the land. (more not copied) Robert B. Duncan was appointed by the Marion Circuit Court a Commissioner to convey the premises and estate in the report. This indenture 25 April 1842 from Robert B. Duncan Commissioner to Elizabeth Jackson, convey the said land divided to her, all that part of E 1/2 SE 1/4 Sec.29 Twp.27N Range 3E in Cass Co. IN (more not copied), containing 38 acres more or less. /s/ Robert B. Duncan, Commissioner, 20 April 1842. Wit. Calvin F. Rooker, Jas. M. Sharpe. Robert B. Duncan appeared 25 April 1842 before Joshua Stevens, Justice of the Peace of Marion Co. Certification by Robert B. Duncan, Clerk of the Marion Circuit Court. Recorded Apr. 12, 1845. (FHL film 1,995,082; SLC 10/4/2011)
Fayette Co. IN Deed (FHL film 1,863,599)
Q-259/260: 25 May 1848, Robert B. Duncan, Commissioner appointed by Probate Court of Marion Co. IN, to Henry W. Nichols of Fayette Co. IN, that on 31 May 1847, Alfred Wright Guardian of person and estate of James T. Wright, filed in Marion Co. Probate Court his petition showing that James T. Wright an infant was owner of 1/3 part undivided lot No.20 in Conners North addition to town of Connersville, and it would be to the interest of said heir to sell his interest in said lot and invest the proceeds in other land, ... court was satisfied and appointed H.W. Nichols and James Mount to appraise the same; at the October term the appraisal was filed and additional bond was required, court authorized Alfred Wright to make private sale; at the April term 1848 Alfred Wright Guardian, sold to Henry W. Nichols for $50, the full appraised value, Robert B. Duncan appointed commissioner to make the deed, now this indenture, said Robert B. Duncan Commissioner sold to Henry W. Nichols one undivided third part of lot 20 in Conners north addition to town of Connersville in Fayette Co. IN ... /s/ Robert B. Duncan, Commissioner. He appeared 25 May 1848 before Joshua Stevens, J.P. of Marion Co. IN. Certification 25 May 1848 by Robert B. Duncan, Clerk of the Marion Co. Circuit Court, for Joshua Stevens. Recorded Dec. 22, 1851.
Hamilton Co. IN Deeds
K-278: 27 Feb. 1846, David S. Beaty and wife Nancy Singleton Beaty of Marion Co. IN to Robert B. Duncan of Marion Co. IN, $500, undivided 1/2 interest SW 1/4 Sec. 27 T19 R5; Robert B. Duncan clerk of Marion Co. Circuit Court. (FHL film 1,321,516)
O-81: 22 July 1850, Robert B. Duncan and wife Mary E. of Marion Co. IN to Jacob Weiand of Hamilton Co. IN, $250, undivided 1/2 SW 1/4 Sec. 27 T19 R5. Wit. Agnes M. Rae. (FHL film 1,321,518)
O-498: Duncan, Robt. B. to Joseph Merrill, 7 Nov. 1850, $300, W 1/2 SW 1/4 Sec. 14 T17 R5, 80 acres (from index on FHL film 1,321,507)
Morgan Co. IN Deeds (FHL film 1,468,445, and from Virginia Anderson)
I-208: 1 Oct. 1841, Robert B. Duncan, commissioner of Marion Co. IN, to James Perdam, quit claim to SE 1/4 SE 1/4 Sec. 2, T11, R2E, 40 acres.
Ross Co. OH Deeds (FHL film 340,470)
29-306: 19 Nov. 1834, James Duncan of Marion Co. IN and wife Mary late Mary Bock (Beck), one of the daus. and heirs of Jacob Bock late of Hocking Co. OH, appoint Jacob Bock of Marion Co. IN attorney to receive of Jesse Ratliff, admr. of estate of Jacob Bock, one equal 12th part ... Wit. Wm. C. Robinson, John Miller. Reg. in Marion Co. IN.
29-315: Deeds from other Beck heirs and widow Elizabeth; not copied.
Go to the Marion Co. IN Histories before 1923
"Marion Co. IN Citizens Historical Association; Personal and Family Records" (FHL film 1,476,950)
Biographical Sketches, alphabetical; includes a sketch of J. Clay Duncan, b. 24 Aug. 1878 in Hancock Co. IN, son of John T. Duncan b. 1841 Hancock Co. IN, d. 1902 Hancock Co. IN, grandson of Washington Duncan of VA to Hancock Co. IN, wife Martha.
Return to Index to Duncan Research Files in Indiana
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