Duncan research files of
Fayette Co. KY Court Records (FHL film 232,709; from Dorothy Franks 11/1990)
Pg.390: June County Court, 1844. Henry T. Duncan returned to court his list of Revenue Tax for 1844 amounting to $132.25-1/2 to which he made oath, the same having been omitted by the Consr. It is ordered that the same be certified.
Pg.522: November Court 1845. The Committee appointed at the last term of this court to examine & report on --?? to the bridge over Wright's Pond on the Limestone Road, this day returned thereon report which is received and ordered to be filed, and, it is ordered that $100 be appropriated in the hands of Henry T. Duncan, Thornton Moore and Thomas? J. Rogers said Committee out of any monies in the hands of Moses P. Ellis late Sheriff of this county and appropriated to be used by them in perp...tenting? said Bridge according to said report.
Fayette Co. KY Circuit Court Suits, 1845 - Bundle/Box #1095; Duncan vs. Duncan hrs. (from Karen King Scales 1/1999; many other documents in this file)
To the Hon Judge of the Fayette Circuit Court in Chancery sitting, sheweth unto your Honor, your oratrix Sarah Duncan
That she was married to Samuel Duncan late of Fayette County K. on the 25th day of August and lived with him in lawful matrimony until his death which took place on the 25th day of August 1825 That during coverture and at the time of his death the said Samuel Duncan was seized and possessed of a certain tract of land in the county aforesaid of 185 acres, which is now in possession of two of the heirs, as will be hereafter shewn. Said deceased also left personal estate & slaves; died intestate and Simeon B. Allen was appointed admr. he having removed from the county Garland Genry was appd admr. debonis non, he having died, David Watts has been appointed curator of the estate of Garland Genry. The heirs and distributees of said Saml Duncan decd are Nancy Gentry, Samuel Duncan, John Duncan of Texas, Elizabeth Poindexter of Illinois, Will Mahan & Sarah wife late Duncan of Illinois, Benjamin Cockerell & Jane his wife late Duncan of Missouri, and Visa Duncan widow of David Duncan, and her children names unknown, in this county, all of whom are made defendents hereto.
Your oratrix alleges that at the time of her late husbands death, her children being all present and of full age, she made an agreement with them to sell her dower to them to enable them to make a sale of the estate and a division, as they engaged to pay her one eighth part of the proceeds, which amounted to about $360 in consideration therefor. Simeon B. Allen was appointed admr. of Saml Duncan and entered upon the duties of the office, but removed before completing it, and Garland Gentry was appointed and qualified as admtr. debonis non, and died in the year 1837. Said Gentry had purchased at the sale of the estate, one hundred acres of the land and as your oratrix alleges retained in his hands of the purchase money, the amount which was to have been paid to her for her dower. David Duncan purchased the remainer of the land and his widow and heirs now reside on the same. Your oratrix has thus been deprived of her money by said Gentry, except the sum of $129 which she purchased at the sale of the personal property the deceased, and for the purpose of defrauding her of her just rights, said widow & hers of Garland Gentry viz John an minor & Polly Ann who has married Allenton Sharp, who are made defendants hereto, refuse to pay her the balance due her and all which is contrary to equity. Wherefore & she prays that said defendants may answer the allegations herein set forth, particularly what was the amount for which the estate of said deceased was sold and that a particular amount there of be rendered into court, and upon a hearing of this cause your oratrix prays that said Garland Gentrys widow & heirs & admr be decreed to pay to her the amount due her upon said agreement with interest. Or in the event of a failure to to do, that a commissioner be appd to allot her dower in said estate, consisting of the 185 acres of land aforesaid, and five slaves viz Moses, Isabella, Joseph, grace & Lydia - and also stock on the farm, and whatever else the equity of her case may entitle her to. She prays the Comth ___ of ___ &c.
Fayette County Sct.
Sworn to this day by said Sarah Duncan before me a justice of the peace and for said county. Given under by hand this 27th day of September 1843. /s/ James L. Hickmand J.P.
Fayette Co. KY Circuit Court Suit; Commonwealth vs. David Duncan, Bundle/Box #898, April 1837 (from Karen King Scales 1/1999)
The Commonwealth of Kentuck to any constable of Fayette County Greeting-
Whereas information being given on oath by David Christian before me a justice of the peace for sd county that he has good reason to believe that David Duncan, John McCormick and four slaves to wit: Murph, Isaac, Young and Andrew, the property of Richard Spurr, did on the night of the 13th day of December last with force and violence break into the grocery of sd Christian, and then and there did feloniously steal and carry away the following articles to wit: a rifle gun, shot pouch, two powder horns, several loaves of sugar, a considerable quantity of brown sugar, barrel of coffee, wine, rum and whisky, 260 yards of bleached cotton some pieces of gingham, calico and fancy handkerchiefs 50 or 60 yards of white flannel, a number of shoes and boots and many other articles contrary to the peace and dignity of the Commonwealth aforesaid. This is therefore to command you to apprehend the sd David Duncan, John McCormick, and the slaves Murph, Isaac, Young and Andrew and bring them before me and some other justice of the peace for sd county to answer the charge of larceny and be dealth with according to the act of Assembly in such cases made and provided, witness my hand as a justice of the peace for said county this 12th day of Arpil 1837. /s/ D.C. Overton JPFC.
Summon David Hibler of Fayett County to testify on behalf of David Christian /s/ D.C. Overton JPFC.
The Commonwealth of Kentucky Fayette County Jct. The within named David Duncan, John McCormick and the slaves Murph, Isaac, Young and Andrew the property of Richard Spurr being brought before us justices of the peace for said County for examination on a charge of larceny in stealing and carrying away on the night of the 13th of December last of the personal goods of David Christian as expressed in the within warrant and we having inquired into the truth of said charge by hearing the evidence adduced? are of the opinion that the accused David Duncan and John McCormick are to be tried before the circuit court for Fayette County on said charge, and that they give bail for their appearance on the first day of the next June term of the circuit court in the sum of three hundred dollars, and that the slave Isaac receive thirty nine lashes on his bare back, the slave Murph thirty lashes, and the two slaves Young and Andrew each ten lashes a piece given under our hands as justices aforesd this 13th day of April 1837. /s/ Waller Bullock, JP; D.C. Overton J.P.F.C.
Testimoney in the case of the Commonwealth vs. David Duncan charged with stealing the goods of David Christian on the night of the 13th Dec 1836.
David Christian states that goods to the value of $400 were stolen from him on the night of the 13th of Dec 1836. The door was forced open. He found a part of sd goods at John McCormicks on Tuesday last. Duncan proposed to Christain that if he would a bond for 2 or $400 he would endeavor to find his goods, and said another person told him he could lay his hand on the goods at any time.
John McCormick stated that Duncan told him that a handsome reward could be got if he would find Christian's goods - that $200 had been offered Duncan said Richard Spurr's negroes stole the goods but they did not break the lock, said he knew all about it, and instructed the negroes how to open the doors, understood Duncan to say he was present when the goods were stolen.
John Mccormick's examination - David Christian stated that he found part of his at Jane Reeds McCormick's boarding house on the 11th of April 1837, value of the goods found estimated at $250.
The Commonwealth of Kentucky to any constable of Clark County Greeting. You are hereby commanded to summons Pleasant Douglass, Theodosia Kent, Kitty Kent to appear at Athens in Fayette County at 10 o'clock of the 13th day of April 1837 to give testimony in the case of the Commonwealth against David Duncan John McCormick and other on a charge felony on behalf of the Commonwealth. Witness my hand as a justice of the peace for Fayette County this 12th day of April 1837. /s/ D.C. Overton J.P.F.C.
Pleasant Douglass states that McCormick told him that Jane Reed had calico, cotton, gingham and ribbons for sale, and would trade them for socks; said he had bought them at auction.
Kitty Kent states that bought ribbons and calico of Jane Reed. McCormick said he had bought them at auction. Saw these ribbons, calico, cotton cloth and gingham. The ribbon and gigham Christian says are his--
Fayette County Jct. Be it remembered that David Duncan, Turner Christian and Garland Gentry this day personally appeared before us Waller Bullock and D.C. Overton justices of the peace for said County and severally acknowledge themselves indebted to the Commonwealth of Kentucky in the sum of three hundred dollars that is to say the said David Duncan in the sum of three hundred dollars, the sd Turner Christian in the sum of three hundred dollars and the said Garland Gentry in the sum of three hundred dollard to be levied of their respective lands and tenements good and chattels but to be void upon the said David Duncan personally appearing in the circuit court next June term and surrendering himself in custody to answer to the Commonwealth for a certain larceny with which the said David Duncan stands charged before us given under our hands as justices of the peace for said county this 13th day of April 1837. /s/ Waller Bullock JP, D.C. Overton JPFC
Fayette Co. KY Circuit Court Suits, Humphreys vs. Duncans Excs., Sept. 1839, Bundle/Box #986 (from Karen King Scales 1/1999)
To Sheriff of Fayette County - Greeting: You are hereby commanded to take Levicy Duncan Executrix De Son Tort of David Duncan dec'd if she be found....to answer Henry Humphreys of a plea of trespass on the case in A____ Damage Two hundred Dollars...
Fayette Circuit Sct.
Henry Humphreys by his attorney complains of Levicy Duncan Executrix de son tort of David Duncan dec'd in custody &c of a plea of trespass on the case in assumpit(?) - for that wherewas on the ___ day of ____ in the year 1837 in the Circuit aforesaid the said David Duncan was indebted to the plaintiff in two hundred dollars for the price and value of advice & services rendered as a lawyer by the plaintiff for the said David Duncan at his special instance and request/ and in two hundred dollars for money found to be due from the said David Duncan to the plaintiff on an account then and there stated between them. And whereas the said David Duncan afterwards to wit on the day and year last aforesaid in the Circuit aforesiad in consideration of the premises respectively promised to pay the said several sums of money respectively to the plaintiff on request; yet he (smear) said David Duncan did not in his life time nor has the said Levicy Duncan Executix as afsaid, since his death pay any of the said sums of money or any part thereof, to the plaintiffs damage of $200 & therefore isses. Pindell & Buckner, attys
(KKS: So, what happened to David Duncan? Just die or was he hanged?)
Fayette Co. KY Circuit Court document (from Karen Scales 2/1999)
Fayette Co., KY Circuit Ct. Cases; Location A47-K9, Box 1A (Boxes of misc. papers which evidently have become loose, and escaped their bundles; cases w/o numbers, etc.)
State of Pennsylvania, Lancaster County SS. This Day Joseph Simon of the Borough of Lancaster personally appeared before me, the Subscriber, one of the Associate Judges of the Court of Common pleas in & for the said County of Lancaster - & made oath according to Law - that Simon Gratz, of the City of Philadelphia, William Irvin of Pittsburgh, in the County of Allegany - and Samuel Duncan of Shippensburg, in the county of Cumberland, are material Witnesses on his Behalf in an Action on the Case which he has brought against James Lemon in the District Court for the State of Kentucke, held at the town of Lexington and that the said witnesses reside within the Commonwealth of Pennsylvania. /s/ Joseph Simon.
Sworn & Subscribed before me this 21st Day of Feby 1797., /s/ Frederick Kuhn.
Lancaster County. I John Hubley, Prothonotary of the Court of Common please for the said County - do certify - that Frederick Huhn Esquire - before whon the above affidavit is taken, is one of the associate Judges of the Court of Common Pleas in & for the said County of Lancaster and that full faith & credit is to be given to all his official acts. Given under my hand and Seal of my office this 21st Day of Feby 1797. /s/ John Hubley, Prot.
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