Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised November 22, 2012
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Duncan research files of |
Barren Co. KY Equity Court Judgments (index on FHL film 209,787)
Bundle 380, #1827; J. Duncan heirs vs. Sarah Bell, filed March & June 1827 (FHL film 209,800; following order of documents has been changed to reflect probable date of filing with court, not microfilmed in this order)
Complaint by Mathew Duncan, James M. Duncan, ("of full age" written above the name Joseph Duncan) Joseph Duncan, and John S. Duncan, Polly Ann Duncan & Thomas A. Duncan, infants under 21 years by their guardian Joseph Duncan; that they are the legal heirs of Joseph Duncan decd late of Bourbon Co. KY; that a certain Sarah Bell formerly Sarah Greer (request she be made a defendant to this bill) executed her obligation by the name of Sarah Greer to the said Joseph Duncan decd in his lifetime, conditioned to "make or cause to be made unto Joseph Duncan (meaning said Joseph Duncan decd) his heirs or assigns a good & sufficient deed for 200 acres of land lying on big Barren River a part of a survey of Dr. Charles Greer of 1714 acres to be laid off at ... " which obligation signed by Sarah Bell by the name of Sarah Greer, said at the conclusion of the conditions to have been signed 19 Sept. 1788, but bearing date in the obligatory part thereof preceding the conditions of 10 Sept. 1788, filed as part of this bill. Joseph Duncan in his lifetime on 30 Aug. 1790 assigned the obligation to James Duncan who in 1791 nullified the assignment, which appears on the obligation. They have as heirs of Joseph Duncan decd. selected & chosen 200 acres lying on Big Barren River, part of the survey of Dr. Charles Greer of 1714 acres, in a corner of the survey adj. land of Henry V. Swearingen, bounding on the River. They file the certificate of survey dated 26 July 1817; ask the court to make title to the land. They have demanded a deed of conveyance from Sarah on 7 Aug. 1817 by their attorney, but Sarah refuses to convey the land; that Sarah is the patentee of the 1714a survey; petition to compell Sarah to make a deed.
Bond of Sarah Greer, 19 Sept. 1788?, to Joseph Duncan of Bourbon Co.; she of Berkeley Co. Wit. Seth Duncan, Sarah Duncan.
Answer of Sarah Bell, 19 July 1818; she acknowledges the execution of the deed on which the suit is brought but the time it bears date, the consideration for which the deed was given was very trifling, not more than about $50, and that in property; that this respondent was quite young, but little acquainted with the land and she conceives herself to have been imposed on in the sale that she was induced to make of the land; that she never saw the land from the time of its den? til about the commencement of the suit that she recollects. Joseph Duncan, one of the complainants, made application to her about the date of the survey to go down and have the land own? off. She told him that she had sold some of the land and would go down but that she had no horse & deft. went away pretending to procure a horse for this respondent but she saw him no more. She had no pointed recollection of the particular stipulations of the bond at the time she sold and conveyed the land to William Bell. She had heard it reported that the complts. or some of them had given it out in speeches that the bond called for the choice of her land on Big Barren which had been appropriated by her former husband Doctor Charles Greir. She has been living on the place where she now resides in this county about 11 years, that she lived in Bourbon where the complts. live about two years, making a residence of about 13 years in KY, that the bond was given to her brother Joseph Duncan, the ancestor of the complts., that he died some years before she moved to KY, that there has been an occasional intercourse between her & the family of her brother, or at least a communication, and that there was never a demand or request from her brother or any of his family for a deed, other than what was before & when if and induced? no conversation relative to the land till about the commencement of the suit. Mr. Joseph Underwood, the counsel for the complts. produced a deed and demanded of the respondent her signature to it, which she supposed to be the deed exhibited, that she has paid taxes regularly on the land up to the sale to William Bell hereafter to be named. Under the above circumstances, she thought that having waited from the year 1788 & no choice being made, she at least might make a sale of part of her land, not recollecting as before stated whether the bond she had given, certainly gave to Joseph Duncan or his heirs the choice, that seems to be given by the bond exhibited. About the year 17(blank) she gave her bond with William Wilson her security to William Greer, binding herself to convey to him 500 acres of the survey of 1714 acres, equal in quantity and quality, that by assignment it came into the hands of William Bell, and William Nose?, Nardin? Daviss, Samuel Murrell and William Edmunds to allot to William 500 acres of the survey in discharge of the bond, that they alloted to him 500 acres of the survey at the NE corner, the survey had been divided by the part alloted to Benoni Swearinger as locator and the part alloted to William was 500 acres out of 620 acres ... That upon the allotment being made to William, she sold him the remaining 120 acres at the price of about $10 an acre; that she made a deed to William for it bearing its true date, that sale to him was made and deed executed before any intimation to her of the choice as set forth in the bill; the deed was written at the time it bears date and at the house of the respondent; said Wm. wrote the deed, A.D. Roberts and Henry G. Wade witnessed it; it was acknowledged 9 Dec. 1817; the deed is for 620 acres; the deed was in the possession of said William at the time the choice is said to have been made, she supposes, as it had been delivered to him. She as before stated informed the complainant Joseph that she had made some sales, she sceended? not the particulars with him for he seemed impatient, tarried but a shot time, and was abrupt. She has, she supposes, about 600 acres of the survey yet, and that part of it is very good and perhaps as rich as that sold, but does not lie so well.
(blank) Aug. 1817, Sarah Bell late Sarah Greer to Matthew Duncan, James M. Duncan, Joseph Duncan, John S. Duncan, Polly Ann Duncan, and Thomas A. Duncan, heirs of Joseph Duncan, decd; in consideration of an obligation executed by her to said Joseph Duncan decd in his lifetime, 19 Sept. 1788, & for purpose of discharging the obligation, sells, etc. to the said Matthew, James, Joseph, John, Polly Ann & Thomas, the heirs of said Joseph Duncan decd, land in Barren Co., part of survey of 1714 acres in name of Dr. Charles Greer, containing 200 acres, beg. lower corner of said 1714 acres ... (did not copy next pages)
Amendatory bill (no date), heirs of Joseph Duncan decd, to original bill; they have been informed that Sarah has conveyed said 200 acres to William Bell, whom your orators ask may be made a defendant, and that William pretends that the conveyance to him was previous to his having notice of your orators claim to the 200 acres. Orators charge that William is the stepson of Sarah, and that he has been intimate about her house for many years, having lived with her, and that he had full knowledge of orators claim to 200 acres out of the 1714 acres to be laid off at which ever end or side? said Joseph Duncan decd. might choose, it being (two words crossed out) conveyance was made by said Sarah to him; they expressly charge that William had no deed of conveyance for the 200 acres from Sarah at the time it was laid off by the surveyor of Barren Co. and that William was well apprised of the bond under which the orators claim, and was present at the laying off of the 200 acres and exhibited no title or deed of conveyance for the same. If William now has a deed from Sarah, it has been antedated & executed thru the combination of said Sarah and William for the fraudulent purpose of divesting orators of the 200 acres. Orators want the court to ask William and Sarah when & where was the deed from Sarah to William written and executed? Who wrote it, in whose presence was it written and who were called on to witness it? When was it proven or acknowledged in the county court clerk's office? Upon what consideration was it executed? How many acres is the deed for? Is the consideration expressed on the face of the deed the true one? Where was the deed at the time the 200 acres were laid off by the survey and why was it not shown to the complainant Joseph when he came to this county to have the land laid off. They request the original deed be produced in court.
Answer of William Bell 20 Feb. 1818; he made a fair and bona fide purchase of the bond which his co-defendant Sarah Bell gave to William Grier when she was of the name of Grier, being the relict of Doctor Charles Greer, bond dated 7 Oct. 1789 executed by Sarah and William Wilson her security, to convey to William Greer 500 acres according to quantity and quality, out of the 1714 acres which she owned on Big Barren; the bond by regular assignment came into the hands of this respondent by assignment from James Blier, Ambrose Grafton and Elizabeth Grafton, heirs and representatives of Uriah Bliar (Bleu?) on 21 April 1804; that the bond had been assigned to Uriah Blier/Blue? by Jacobus Hinds on 8 Jan. 1790? and assigned to Hinds by William Greer on 29 Oct. 1789. That Sarah and this respondent had the 500 acres laid off by E? Hardin Daviss, Saml. Murrile? and Wm. Edmonds on 11 Aug. 1815 (survey not copied); that respondent purchased the remaining 120 acres as spoken of by Sarah it being attached to his 500 acres and lying on the one side of the located part as stated by Sarah; that his purchase was a fair and bona fide one; in relation to the whole 620 acres, he paid at the rate of $10 an acre for the 120 acres; that the deed from Sarah to him bears its true date, 22 July 1817, that this respondent wrote the deed at the house of said Sarah, that A.D. Robarts and Henry G. Wiar? and Emily Bile? were requested to witness the deed and did witness it, that the deed was acknowledged in the county court office 9 Dec. 1817. The bond given by Sarah to William Greer was to quiet a claim that William had to the 1714 acres. The deed was in the possession of this respondent at the time the 200 acres were laid off; that it was at Sarah's in the value? of this respondent he made her house his residence at that time ... inform said Joseph that the land belonged to him at the time he was getting it laid off and warned him not to trespass on it. This respondent is the stepson of Sarah. He denies most positively any knowledge of any such bond as the one exhibited at the time he purchased and received his deed from Sarah; he did not know, believe or have reason to believe there was such a bond, which he had never heard of. He was present at the time the 200 acres were laid off, at which time he told Joseph the land was his and he would sue him for a trespass if he surveyed it. He states that James Duncan once informed him that the heirs of Joseph Duncan held a bond on Sarah for 500 acres of land but did not inform him that they had the election what part to take or that it was for a particular part.
7 Oct. 1789, bond of Sarah Grier and William Wilson, of Berkeley Co. VA, to William Grier of same, for £500; that Sarah Grier or her heirs ... will convey to William Grier, his heirs or assigns, 500 acres in State of VA and in the district set apart for the officers and soldiers of the said state, and on Barron River, part of a tract of 1714a grant to Sarah Grier by patent 10 Aug. 1789. Wit. Robt. Cockburn, John Kirney, Joseph Duncan, Thos. Duncan.
Assignment by James Blixx?, Ambrose Grafton & Elizabeth (X) Grafton to William Bell of Berkeley Co. VA, 21 April 1814; wit. Moses Jones, Ross Nelson (not copied).
Assignment by Jacobus Hines 8 Jan. 1790 to Uriah Blue Junr. (not copied)
Assignment by William Greer 29 Oct. 1789 to Jacobus Hinds (not copied)
11 Aug. 1815; Division of land to William Bell, assignee, 500 acres out of orig. survey to Sarah Grier, widow of Charles Grier; she sold to William Grier by her bond 7 Oct. 1789. (not copied)
Answer of complainants (undated) that William Bell departed this life on (blank day, month) since answering the bill against him & Sarah Bell; that he left a will (copy attached), that his heirs are under the will vested with the title to the bond in controversy so far as decedent in his lifetime had title; the heirs should be made codefendants.
Will of William Bell, (no date or proved date), if William Henry Bell should ever come forward to claim any part of my estate, he shall have two lots in the town of Chaplington on Big Barren River, also $400 in cash at the age of 18 years but should he not claim it is to go to the other devisees; my step-mother Sarah Bell and my two sisters Fanny Roberts and Elizabeth Bell should be entitled to all my real and personal property; if the named three legatees could manage it so as to keep three negroes part of the property I would prefer it, but if cannot, they should be sold and the money divided between the last named legatees. Wit. David Logan, James Dodd Jr.
June, 1823; defendant William Bell has departed this life; suit be revived against his co-defendant Sarah Bell, Fanny Roberts & Ardimus D. Roberts her husband and Elizabeth Bell, devisees of said William Bell decd.
Answer of Ardemus D. Roberts, wife Fanny Roberts, and Elizabeth Bell, devisees of Wm. Bell. (not copied)
Hearing, Court decree, other documents - not copied
Bundle 793, #1060; Robert Miller vs. B.B. Crump, B.N. Crump & G.W. Trabue, exors; answer filed March 25, 1841 (FHL film 209,815)
Complaint by Robert Miller that John Miller, his father, married Malinda Duncan, his mother, and he (Robert) is the only issue of the marriage. His mother died leaving him her only child and heir at law; that John Duncan, the brother of his mother, died intestate, that when he died was entitled to certain real and personal estate consisting of town property in Glasgow etc. That John Duncan was never married and had no children, and that Robert Miller together with the other brothers and sisters of John Duncan were his proper representatives and heirs at law; that Thomas Feland as guardian of Robert Miller and one of the heirs of John Duncan instituted a suit for a distribution of the estate, and that a decree was rendered for distribution; that Benedict B. Crump was appointed a commissioner to sell the estate and collect the money. That Benedict B. Crump has received a portion of the money owing to the heirs; the remainder of the money will in a short time be due and will be paid to said comr. His portion in the distribution will amount to $150 or $200. At the time of the institution of the suit for distribution, Thomas Feland was guardian of Robert Miller who was then an infant but is now of full age, that he remained the guardian until the termination of the suit. That Feland knew perfectly well how much Robert Miller would be entitled to, and that Feland, taking advantage of Robert Miller's tender years and his necessities, imposed on Robert Miller and induced him to sell to Feland all his interest in the estate of his uncle John Duncan decd. ... That Feland took an obligation from Miller that when Miller was 21, he would convey his interest in the estate to Feland. ... Decree rendered 19 Sept. 1839, property sold Oct. 1839; that Feland was to pay Miller $120 for his interest, $20 at the time and a note for $100 due 1 Sept. 1840. That Miller was an infant at the time of the contract, that he never received from Feland but $7 for his interest, which $7 he took up in the store?. That Feland died, making his will appointing Benjamin N. Crump and George W. Trabue his executors. That when Feland died, he was largely involved in debt, and his executors have filed a bill for the distribution of his estate against his creditors, and he believes Feland's estate will not be able to pay more than 50 cents to each dollar. Request that Miller not be made to stand by the contract, in which case he would receive not more than $50 for his whole interest in the estate.
Answer of Benjamin N. Crump and George W. Trabue; that Thomas Feland died, by will appointed executors and wife Sarah H. Feland who refused; Thomas Feland had debts; no money to pay inheritance. (not copied)
Answer of Benedict B. Crump, filed March 25, 1841; that it is true that John Miller married Malinda Duncan, that Robert Miller is the only issue of the marriage, and that Malinda is now deceased. That John Duncan died intestate without any legal heirs other than his brothers and sisters and their children and his mother. That Thomas Feland now decd instituted suit as guardian of Miller to have the estate of John Duncan sold and distributed among the heirs; that he was appointed a commissioner to sell the estate; that he sold it for $919. That the heirs of John Duncan are his mother Sally (crossed out) Duncan and his brothers and sisters Hiram Duncan, James Duncan, decd. infant child, Samuel Scott and his wife Sally late Sally Duncan, ---- Tapp and complt., and that the portion of complt. in the estate after deducting fees, costs &c will amount to about $159; a portion of the same is not yet due and will not be until 22 October next.
Deposition of John Miller, 15 May 1841; Malinda Miller was a sister of John Duncan; her only child was Robert Miller; Malinda and John are both dead; Robert was under 21 on 18 Sept. 1839. (not copied)
Packet #2011; Duncan heirs petition in chancery, May, 1853 (FHL film 218,744; receipts not copied)
Petition of Jacob Dillion and wife Mary Jane, James T. Chism and wife Sarah E., Granville Chism and wife Juda Maria, John Ray and wife Narcissa, Jacob Smith and wife Frances A., Ishmael H. Smith and wife Lucretia M., James T.A.J. Duncan, and Aaron T. Kinchelow, the latter two persons are infants under the age of 21 years who petition by their guardians Jacob Dillion and William S. Kinchelow, said William being the guardian of said James T.A.J. Duncan, and William S. Kinchelow being the guardian of Aaron T. Kinchelow; they are the only children and grandchildren of Thomas Duncan decd who died on (blank) intestate; that James T. Chism and Ishmael H. Smith were appointed administrators of the estate of Thomas Duncan; that Thomas Duncan left a widow Judith Duncan who has had her dower assigned to her in the land and slaves of her deceased husband by comrs. of the Barren Co. Court; petitioners have all agreed that she shall have a negro girl named Martha during her lifetime; after giving the widow dower as above, there are left slaves in the estate of Thomas Duncan, Dilsy, Sylvia, Richmond, Frederick, Jasper and America; that the slaves cannot be divided in kind, petition to sell the slaves and divide the proceeds. 7 May 1853.
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Typed copy of a Family Bible Record apparently torn from an old family bible written in ink, given to Eugenie Scott by her aunt Sarah "Sallie" Scott Richardson Hardin about 1920; Sarah "Sallie" Scott Hardin was the daughter of Samuel Scott and Sarah Wood Duncan (Eugenie Scott was the ancestor of Betty Schmidt who shared the record 3/2003; see Barren Co. KY)
Betty Schmidt information: Sallie Scott Hardin said in 1927 that Robert Duncan and Sarah Wood were married in Culpeper Courthouse. According to Sallie, the family estate (Duncan) was near Culpeper Courthouse, Culpeper Co. VA, and her earliest remembrances were of visiting "the big house" which was known as "Uncle Gallop's," who was probably Sallie's great-uncle.
Four pages, with information in two columns, line drawn around the outside and between the columns and between each entry:
(page 1)
FAMILY RECORD
Handwritten along left edge, outside the columns: Sarah Wood Duncan was married to Samuel Scott July 1828
(page 1, 1st column)
Robert Duncan was married to Sarah Wood, daughter of Samuel Wood and Alice Wood, his wife, on the 23rd of Dec. 1791. 1791 (MAD: twice)
Robert Younger Duncan, son of Hiram Duncan and Elizabeth, his wife, born September 30, 1842.
William Marian Duncan, Born February 17, 1844.
Sarah Matilda Duncan Born December 1, 1845.
James Samuel Duncan Born March 10th, 1848
Mary Jane Duncan Born February 26, 1850
Maranda Duncan Born September 11, 1852
Virginia Duncan Born May 27th, 1856
Ann Elizabeth Duncan Born March 5, 1861.
Sarah Wood Duncan was married to Samuel Scott, July, 1828.
(page 1, 2nd column)
Martha Fr. Scott Born July 6, 1829
John T. Scott was born May 6, 1831.
Louisa J. Scott was born January 22nd, 1835.
William H. Scott was born September 1, 1842
Thomas Jefferson Scott was born Oct. 17, 1845, Died July 4, 1871
Sarah Elizabeth Scott was born September 19, 1850
Samuel H. Scott, son of Dr. William H. Scott and Sarah, his wife, was born Dec. 22, 1868.
Annie G. Scott, daughter of John T. Scott, was born Sept. 28, 1868.
(page 2)
Handwritten along left edge, outside the columns: Dr. William H. Scott died Sept. 5 1874
(page 2, 1st column)
BIRTHS
Robert Duncan, son of Joseph and Sarah, his wife, was born January 30th, in the year of Our Lord, 1770
Sarah Wood, daughter of Samuel Wood and Alice, his wife, was born March 19th, in the year of our Lord, 1766
John Duncan, son of Robert Duncan and Sarah, his wife, was born October 21st, Sunday at 8 o'clock in the year of Our Lord, 1792.
Samuel Scott, Sr., was born November 23, 1804.
(page 2, 2nd column)
BIRTHS
Daughter of Robt. Duncan and Sarah, his wife, was born December 1st, Tuesday at 2 o'clock in the morning in the year of Our Lord, 1793
Malinda Duncan, daughter of Robert Duncan and Sarah, his wife, was born, February 1, Sunday at 6 o'clock in the evening, in the year of Our Lord, 1795.
Eliza Duncan, daughter of Robert Duncan and Sarah Duncan, was born January 14th, Saturday at 7 o'clock in the evening in the year of Our Lord, 1797.
(page 3, 1st column, no heading)
Elizabeth Duncan, daughter of Robert Duncan and Sarah Duncan, his wife, was born March 21st, Thursday at 5 o'clock in the morning in the year of Our Lord, 1799.
Robert Duncan, son of Robert Duncan and Sarah, his wife, was born January 2nd, Friday at 11 o'clock in the evening in the year of Our Lord, 1800.
James Duncan, son of Robert Duncan and Sarah Duncan, his wife, was born March 21st, Monday at 5 o'clock in the morning in the year of Our Lord, 1803.
(page 3, 2nd column, no heading)
Sarah Duncan, daughter of Robert Duncan and Sarah, his wife, was born December the 8th, Saturday at 7 o'clock in the morning in the year of Our Lord, 1804.
Hiram Duncan, son of Robert Duncan, and Sarah Duncan, his wife, was born November the 3rd, Monday at 10 o'clock in the morning, in the year of our Lord, 1806.
Dr. William H. Scott was married to Miss Sarah E. Tobey Feb. 24th, 1868.
Sarah W. Scott, died March 1st, 1866.
Samuel Scott died June 5, 1886.
(page 4, 1st column, no heading)
John T. Scott's Children. (MAD: in same box as following entry for Sallie Scott)
Sallie Scott, daughter of John T. Scott and Rebecca Ellen, his wife, born Sept. 27, in the year of Our Lord, 1856.
Mary Louisa Scott, daughter of John T. Scott and Ellen, his wife, was born January 18th, 1858. Died Aug. 16, 1858.
Eugenie Scott, daughter of John T. Scott and Ellen, his wife, was born February 27th, 1859.
Charles Edgar Scott, son of John T. Scott and Ellen, his wife, was born Sept. 8th, 1860.
George Addison Scott, son of John T. Scott and Ellen, his wife, was born January 10, 1862.
Sarah Scott, wife of Samuel Scott died March, 1, 1866.
Annie G. Scott born September 28, 1868.
(page 4, 2nd column, no heading)
Elizabeth Duncan died December 9th, Tuesday, 1800.
Robert Duncan died Sept. 6th, Tuesday, 1803.
Malinda Duncan died on February 2nd, Sunday, 1823.
Robert Duncan died November 18th, Thursday, in the year 1825.
John Duncan died October 2nd on Monday in the year 1826.
Sarah Duncan, wife of Robert Duncan, died June 28th, 1844, age 78 years
Martha Fr. Scott, daughter of Samuel Scott, died Sept. 18th, 1830
James Duncan, son of Robert Duncan, and Sarah, his wife, died February, 1837.
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