ESSEX CO. MA
COURT RECORDS and HISTORIES
 

COURT RECORDS

"Massachusetts Reports - Cases argued and determined in the Supreme Judicial Court of Massachusetts, September - November 1873" by Albert G. Browne, Jr.; Vol.113, pgs.423 to 429; pg.424 has sketch of premises, not copied (California State Law Library, Sacramento, 2/2004)
      ALLEN H. GOSS vs. DANIEL CALHANE & another; ANNIE F. CALHANE vs. ALLEN H. GOSS; Supreme Court of Massachusetts, Essex; 113 Mass. 423; November, 1873, Decided.
      Actions of tort. The first action was in the nature of trespass quare clausum against Daniel Calhane and Thomas R. Cook for entering the plaintiff's close and tearing down a building. Calhane answered that his wife was seised of a parcel of land adjoining the plaintiff's close, appurtenant to which was a right of way in a twelve foot passage way leading from her land across the plaintiff's close to Court Street; that the plaintiff obstructed this right of way by erecting a shed across it, and that he, by the authority of his wife, entered and removed the shed, which was the alleged trespass. The other defendant, relying upon the same facts, justified also under the authority of Mrs. Calhane.
      The second action was in the nature of trespass upon the case for obstructing Mrs. Calhane's right of way by the erection of the shed upon the passage way.
      The situation of the premises appears upon the following plan: (MAD: in published book)
      In the Superior Court, trial by jury was waived, and the cases were heard and determined by Brigham, C. J., who found the following facts:
      Goss proved a deed from George A. Green to himself, dated March 31, 1868. This deed conveyed the land designated upon the plan as "Land of Goss," in two parcels, one bounded "on said private way," the other "by said private way."
      George A. Green had title to the estate by two distinct lines of conveyance, namely:
      The land on the western side of the way, was conveyed by James H. Duncan to Hiram Peaslee, by deed dated April 16, 1852, bounded "thence running southerly by a twelve feet private way which I lay down;" by said Peaslee to Charles H. Dunbar, by deed dated June 3, 1852; by said Dunbar to John P. Gilman and Rufus L. Chase, by deed dated July 28, 1860; by Gilman and Chase to Moses H. Green, by deed dated July 28, 1860; and by said Moses H. Green to George A. Green, by deed dated October 19, 1860.
      The land on the eastern side of the way, and the land at the end of the way, was conveyed by James H. Duncan to Harriet Frye, wife of James S. Frye, by deed dated June 22, 1863, bounded "thence easterly by land of said Green and a private way twenty-nine feet to a stake," "thence northerly seventy and a half feet by a private way twelve feet wide to a stake," "together with a privilege of passing and repassing" "from Court Street to said land in the twelve feet private way mentioned." This conveyance included also the land now owned by the wife of Calhane. Harriet Frye and her husband conveyed the entire lot to John P. Gilman, by deed dated April 30, 1867, and Gilman subsequently conveyed part of the premises to George A. Green, by deed dated March 31, 1868, the same day on which Green conveyed to the plaintiff.
      It also appeared that Gilman subsequently conveyed the residue of what he had purchased of Mrs. Frye, to the defendant Calhane, by deed dated January 1, 1870, bounded "by said way," "with the privilege of passing and repassing in the private way from Main Street to the land described, and also from Court Street to said land in a twelve feet private way laid down by said Duncan." December 1, 1870, Calhane conveyed the estate, so conveyed to him by Gilman, through a third party, to his wife. All the deeds mentioned the way and purported to convey rights of way in it.
      The court found as a fact, that subsequent to his purchase, Goss erected on the easterly lot of land, on the southwesterly corner of the lot as shown on the plan, the building called on the plan, "a carriage-house." This building was erected in 1868, and in the fall of that year, he built a shed over the way in question, connecting the carriage-house with his dwelling-house, as shown on the plan. This shed was a substantial structure, about twelve feet high, supported by the adjoining buildings, and by posts which were supported upon timbers laid along on the ground by the sides of these buildings, and across the way at the rear of the shed. It was covered by mastic roofing, and was open on the side towards Court Street, except near the top, and was boarded at the back closely, from top to bottom.
      In September, 1871, Calhane and Cook entered on the premises and demolished this structure.
      At the time of the conveyance by Duncan to Frye, there was on the premises a fence extending from the place where the southwestern corner of the plaintiff's carriage-house now stands, in a westerly direction, across what is now claimed as a way to Court Street. This fence was an old fence, and had been there for many years, and was continued in that position, though more or less dilapidated, from that time until after the plaintiff purchased the estate, March 31, 1868. When Gilman owned both estates, on the easterly side of the way, he used the way to Court Street, as well as the way to Main Street; yet when he conveyed part of the estate to Green, there was a substantial fence, though in imperfect repair, erected on the place above described, practically obstructing any access from the residue of his estate to Court Street, and practically obstructing any access to Main Street from the parcel conveyed to Green.
      When Duncan conveyed to Peaslee in 1852, the way in question was obstructed by a fence, in the place above described, and the way as actually laid out and used did not extend beyond this fence.
      Evidence was introduced, however, tending to show that the fence was at one time attached to the end of the building, on the premises conveyed by Gilman to Calhane, and called the "bowling alley," and that the way was open to that point. And Mr. Frye testified, that while his wife owned the premises, he permitted the fence to be substantially removed by boys for the purpose of a bonfire, and that for sometime thereafter there was no fence across the "way."
      Upon these facts and upon the deeds, the presiding judge ruled that Mrs. Calhane had no easement over the land and way from her premises to Court Street, and found for the plaintiff in the first action with damages in the sum of eighty-five dollars; and for the defendant in the second action.
      The defendants in the first action and the plaintiff in the second alleged exceptions.
      [opinion] DEVENS, J. The decision of these cases depends upon the question whether Mrs. Calhane had a right of way in the passage upon which the shed was built. Both parties claimed the title to their premises from J. H. Duncan, who, in 1852, conveyed to one Peaslee a parcel of land by metes and bounds which apparently exclude the way, on the westerly side of which it is situate, by the words "thence running southerly by a twelve foot way which I lay down:" this parcel by mesne conveyances came to Goss, March 31, 1868, by deed of George A. Green. In 1863, Duncan conveyed to Frye, as one parcel, a tract situated upon the eastern side and end of the same way, the boundary of which is in part as follows: "thence easterly by land of said Green and a private way twenty-nine feet to a stake; . . . . thence northerly seventy and a half feet by a private way twelve feet wide to a stake," &c. An inspection of the plan shows these lines to be along the end and by the easterly side of said way. Frye afterwards conveyed this whole tract to Gilman, who divided it and conveyed to George A. Green, who, on March 31, 1868, conveyed to Goss, the portion of the tract which was on the eastern side of the way; so that Goss then owned the tracts on either side of the way. Subsequently, on January 1, 1870 Gilman conveyed the remaining portion of the tract held by him which bounded upon the end of the way, to Daniel Calhane, by whom through a third party it was conveyed to his wife.
      The claim of Goss is that by the conveyance to him of the parcels upon the eastern and western sides of the way he became owner in fee of the whole, and was thus entitled to obstruct, or to build upon it. All the deeds referred to purport to convey a privilege of passing and repassing in this way.
      Assuming that the effect of the deeds, under which Goss claims, which bound the parcels of land owned by him upon the way, is to extend each parcel to the centre of the way, and thus give him the fee in the whole, it does not determine the case in his favor. So far as that portion of the tract conveyed to him is concerned which is described as a way, even if he has the title in fee therein, it is subject to all the servitudes properly imposed upon it. Fox v. Union Sugar Refinery, 109 Mass. 292. When therefore Goss's grantor was bounded by Duncan "upon the way I lay down," if it be considered as a conveyance ad filum vioe, the portion of the tract covered by the way was still subject to the uses for which it was thus laid down, and those must have included its use as a way to pass and repass to the various parcels which Duncan owned, and which abutted thereon. The fact that, in connection with the parcel conveyed, Duncan grants the privilege of passing and repassing in the twelve foot way, indicates clearly that the whole passage was to be kept open. It would not have been in the power of Goss, if he had owned one side only, to have closed that side of the way, and thus have narrowed his opposite neighbor down to the use of the half which was his side of the way. The ownership of the land upon both sides does not enable him to close it as against any other person having a lawful right to use it.
      When by his deed to Frye, Duncan conveyed the parcel of land bounding upon the side and the end of the way, he conveyed the right to use the way either from its side or end; and when Frye's grantor divided the parcel and conveyed the tract upon the side and that upon the end by separate conveyances, even if the latter was subsequent, the owner of the second tract was still entitled to this use.
      Nor does the fact that the earlier deed conveyed the land to the centre of the way by warranty, raise any estoppel against the grantor under the subsequent conveyance, or prevent him from asserting this right, for such deed conveyed and warranted, so far as this portion is concerned, the fee in a private way only.
      Even if in 1852, when Duncan conveyed to Peaslee, there was a fence across the end where now Calhane claims to enter, while this might indicate the limits of the way, yet, so far as Peaslee was concerned, it would not restrict Duncan's right to use it for the benefit of his own remaining land by entry thereon either from the end or side of it.
      In 1863, Duncan conveyed by a deed bounding the land upon the end of the way. He thus conveyed a right in it. Even if after the division of the tract thus conveyed, Gilman for some few years ceased to use the way, having another access to Main Street, this non-user did not destroy the right which was appurtenant to the parcel then held by him and now held by Mrs. Calhane. Hayford v. Spokesfield, 100 Mass. 491. Nor is the fact important that in the division as made by Gilman, the parcel which has come to Goss is cut off from an access to the passage leading to Main Street, while the parcel held by Calhane has an access to both the ways the use of which appertained to the parcel conveyed by Duncan to Frye.
      We are of opinion, therefore, that the ruling of the learned judge, upon the case as reported, that Mrs. Calhane had no such easement in the way from her premises to Court Street as would justify her in removing obstacles placed therein, was incorrect, and the
      Exceptions are sustained.
 

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HISTORIES before 1923

1869 "The taxable valuation of the real and personal estates, with the polls and amount of tax, in the town of Dorchester : also, United States tax and statistics, &c., for the year 1869." (Essex Co. MA) (anonymous); pub. Boston: Wright & Potter, state printers (LH13436; HeritageQuest 5/2007; FHL book 974.46/D1 R4t and film 1,425,064 item 5)
      Pg.144: Town Officers of Dorchester ... 1634, Selectmen, Mr. Duncan. 1635, Selectmen, Nath'l Duncan. 1636, Selectmen, Nath'l Duncan. 1637, Selectmen, Nath'l Duncan. 1638, Selectmen, Nath'l Duncan; Treasurers, Mr. Nath'l Duncan. 1639, Selectmen, Mr. Duncan; Treasurers, Mr. Nath'l Duncan. 1640, There is no record of the Selectmen this year. 1641, Selectmen, Nath'l Duncan; Treasurers, Mr. Nath'l Duncan.
 

1830 "Memorials of the First Church in Dorchester : from its settlement in New England, to the end of the second century : in two discourses, delivered July 4, 1830" (Essex Co. MA) by Thaddeus Mason Harris; pub. Boston: From the Office of the Daily Advertiser (LH12638; HeritageQuest 5/2007)
      Pg.65: List, from the Town Records, of Inhabitants in Dorchester, 1637, among whom the land on the Neck, (since called South Boston) was divided. Consisting of those of the original settlers who remained after the removal of some to Windsor, and of those who arrived with Rev. Mr. Mather, in 1635: Duncan (Nathaniel)
 

1862 "A Genealogical Dictionary of the First Settlers of New England, Showing three generations of those who came before May 1692, on the basis of farmer's register" Vol.II, by James Savage (from Elizabeth Lee 3/1993; FHL book 974 D2s)
      Pg.80: Duncan, Jabez, a soldier in Philip's war, of Capt. Turner's comp. Apr. 1676. (MAD: Worcester Co. MA) Joseph, Dover, k. by the Ind. 27 June 1689, with 22 others. (MAD: ? see Strafford Co. NH) ## Nathaniel, Dorchester 1630, came, doubtless, in the Mary and John with the other first sett. of that town, freem. 6 May 1635, ar. co. 1638, a capt. auditor gen. and rep. skill. says Johnson, "in the Latin and French," brot. perhaps, w. Eliz. s. Nathaniel, who. was of ar. co. 1644, had also Peter, rem. to Boston a. 1646, and d. a. 1668. ## Peter, Dorchester, s. of the preced. ar. co. 1654, rem. to Gloucester, m. Mary, d. of Martha Epes, the sec. or third w. of Samuel Symonds, Esqr. of Ipswich, had Martha, b. 10 Nov. 1655; Eliz. 28 Feb. 1657, d. soon; Eliz. again, 30 Aug. 1661; Ruth, 27 July 1663; Peter, 2 Nov. 1665; Priscilla, 9 Jan. 1667; Margery, 8 Jan. 1670; and Daniel, 19 May 1672. (MAD: Essex Co. MA)
      Pg.81: Dunkin, John, Billerica 1675, had two s. k. by the Ind. there, 1 Aug. 1692. (MAD: Middlesex Co. MA) Samuel, Newbury 1638, perhaps rem. to Boston, had there beside other ch. Thomas, b. 15 Jan. 1656; and in 1672 had ld. at Muddy riv. now Brookline. (MAD: Boston, Suffolk Co. MA) Samuel, Roxbury, prob. s. of the preced. by w. Deliverance had Margaret, b. 17 Mar. 1670; Sarah, 23 Sept. 1674; Jabez, 20 Aug. 1678; Deliverance, 29 Sept. 1681; and Samuel, 14 Aug. 1689, d. soon; and f. d. 19 Nov. 1693. (MAD: Norfolk Co. MA)
 

1911 "Memorial history of the Seventeenth Regiment, Massachusetts Volunteer Infantry (old and new organizations) in the Civil War from 1861-1865" by Thomas Kirwan; pub. Salem, Mass.: Published for the Committee on History by the Salem Press Co. (LH10935; HeritageQuest 5/2007; FHL fiche 6,083,155)
      Pg.37: ... Company E ... This company was recruited in Haverhill ... after the firing on Fort Sumter in April, 1861, ... a meeting of young men at the old Town Hall, presided over by the Hon. James H. Duncan, ... call for signers of recruiting papers ...
      Pg.83-85: Quartermaster Robert Harris, of the Seventeenth Massachusetts Infantry Volunteers, was born in Portsmouth, N.H., 1830. ... In 1857 he became engineer for the Beloit & Madison Railroad in Wisconsin, ... in 1861, he joined the Volunteer Army ... resigned 1863 ... In 1857, Mr. Harris married Mary Willis Duncan of Haverhill, Mass., thereby allying himself with the most prominent family of that town, and as prominent as any family in the state of Massachusetts, the head of which was the Hon. James H. Duncan, who had been a member of Congress, was an able lawyer, a brilliant public speaker and a most patriotic gentleman. He and the queenly Mrs. Duncan, (nee Mary Willis), daughter of Benjamin Willis of Charlestown, Mass., and their children -- James Henry, Rebecca, Mary Willis, Susan Reynolds, Samuel White, Rosanna, Elizabeth, George Willis, Caroline and Margaret -- made as many sacrifices for the cause of the Union in their efforts, ... Captain Harris died in the spring of 1894 at Rochester, N.Y. His funeral was held at his old home in Portsmouth, N.H. His wife survived him until 1910, when, surrounded by those she most loved, she quietly passed away. One of the Duncan boys, Samuel W., became a captain in the Union Army. He rendered brave and valuable service to his country during the Civil War. He married Sarah Margaret Fuller Greene, daughter of Judge Albert Gorton Greene of Providence, R.I. Judge Greene was the author of "Old Grimes." Capt. Samuel Duncan died at the age of 59, leaving two sons, Albert Green Duncan and Samuel W. Duncan, and one dughter, who is the wife of the Rev. John M. McGann of Columbus, Ohio. Elizabeth married the Rev. Theodore T. Munger of New Haven, Conn. George married Elizabeth Damon of Concord, Mass. He died in Rome, Italy, February, 1884, leaving two boys who are now living. Margaret is Mrs. Stephen H. Phillips of Salem, Mass. She has two sons, Stephen and James D. Phillips. (MAD: Haverhill, Essex Co. MA)
 

1888 "History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men" by William T. Davis; pub. Philadelphia: J.W. Lewis & Co. (LH4639; HeritageQuest 5/2007; FHL book 974.45 H2h v.1-2 and film 1,000,066 and 897,102-897,103)
      Pg.xlvi-xlviii: HON. JAMES HENRY DUNCAN was born in Haverhill, Mass., December 5, 1793. On the paternal side he was of Scotch-Irish descent. His great-grandfather, George Duncan, was one of the colony that came from Londonderry, Ireland, and settled in Londonderry, N.H., 1719. His grandfather, James, came to Haverhill about 1740, where he established himself as a merchant. He died in 1818, aged ninety-two years. He had ten children, the sixth of whom was James, who married Rebecca White, and died January 5, 1822, aged sixty-two years. He left two children -- Samuel White, who died October 21, 1824, and James Henry, of this sketch. On the maternal side the family of Mr. Duncan covers the entire history of Haverhill, a period of more than two centuries, and on the paternal side the three generations cover more than half of this period. (MAD: Londonderry, Rockingham Co. NH)
            Mr. Duncan early evinced a fondness for books, and at the age of eleven years he was sent to Phillips' Academy at Exeter, N.H., then the leading classical school in the country. ... At the age of fourteen he entered Harvard College. He was graduated in due course, in the class of 1812, ... Study of law, ... in 1815 he was admitted to the Essex bar, and entered upon practice at Haverhill. For several years Mr. Duncan gave his entire time to his profession; but the death of his father, January 5, 1822, left him in the charge of a considerable estate, which gradually withdrew him from its duties, though he did not wholly relinquish practice until 1849, when he took his seat in Congress. ... (MAD: text from the resolutions of the Essex bar, passed after the death of the Honorable James H. Duncan) ...
            A short time previous to his admission to the bar, he was elected major in the Haverhill Light Infantry; and, passing through the various grades of militia service, he rose to the rank of colonel, by which title he was afterwards commonly addressed. ... Member of the Agricultural Society, and from 1836 to 1838 its president. ... (MAD's extract) Whig party in 1827 elected to the State Legislature and in the three succeeding years to the Senate ... in 1837-38 again in the House, and in following two years he was a member of the Council. 1857 he was again elected to the Legislature. 1841 was made Commissioner in Bankruptcy ... in 1839 elected a delegate to the convention at Harrisburg ... in 1848 chosen to represent his district in the national Congress, and was re-elected in 1850. (speech by Hon. Amos Tuck of Exeter, at the time the United States Senator from New Hampshire, after the decease of James H. Duncan) ... Member First Baptist Church in Haverhill, ...
            Mr. Duncan remained single till the age of thirty-three, when, June 28, 1826, he married Miss Mary Willis, daughter of Benjamin Willis, Esq., of Boston. Thirteen children were born to them. Three died in early childhood, and three passed away after they had attained to adult years, leaving seven, -- two sons and five daughters. His home, of which Mr. Duncan was pre-eminently the head, was the centre of a liberal culture ... (MAD: children not named) ... Mr. Duncan's last illness was brief ... he was seventy-five years old, ... February 8, 1869. (MAD: pg.xlvi_a was picture)
      Pg.l: (r50) HON STEPHEN HENRY PHILLIPS ... Mr. Phillips ... had previously married, at Haverhill, Oct. 3, 1871, while on a temporary absence from Honolulu, Miss Margaret D., daughter of the Hon. James H. Duncan, of Haverhill, a lady whose acquaintance he had made in the Hawaiian Islands. ... (MAD: bio. starts pg.r48)
      Pg.920: (Civil War soldiers?) Duncan, James, Co.B 11th; Duncan, Edward, 8th Unattached; Duncan, James, 8th Unattached; Duncan, Wm., Co.B 4th.
 

1875 "The record of Andover during the rebellion" 'Memorial Volume' (Essex Co. MA) by Samuel Raymond; pub. Andover: W. F. Draper, printer (LH4829; HeritageQuest 5/2007 & 7/2007)
      Pg.81: 1864. During the Rebellion. Duncan, James, 11th Infantry, Aug. 24, State bounty $100.00, subscription bounty $175.00 (MAD: amounts as given)
      Pg.82: 1864. Duncan, Robert, 2d Cavalry, Feb. 22, state bounty $94.66, subscription bounty $75.00
      Pg.103: List of subscriptions received, and payments made by George Foster, one of the Selectmen and Recruiting Officers of the Town, for recruiting purposes. Receipts: Duncan, John, $25.00. Expenditures: Duncan, James, $175.00. (pg.105) Subscriptions Refunded. Duncan, John, $10.00.
      Pg.107: Bounties to Voluntees. Duncan, Robert, $75.00
      Pg.113: Eleventh Regiment Infantry (3 years): Mustered in, June 13, 1861. Mustered out, June 12, 1864. Andover Soldiers Belonging to the Regiment: Duncan, James. ...
      Pg.141: Second Regiment Cavalry (3 years), mustered in Jan. to April, 1863. Mustered out, July 20, 1865. Andover Soldiers belonging to the regiment: Duncan, Robert.
 

1859 "History of the town of Dorchester, Massachusetts" (Essex Co.) by Thomas Coombs; pub. Boston,: E. Clapp, Jr. (LH9969; HeritageQuest 5/2007)
      Pg.17: Summer of 1629, ... Nathaniel Duncan.
      Pg.30: In 1636, one of the twelve selectmen or townsmen, Nathaniel Duncan, was voted ten shillings, for copying the orders of the town, and he probably continued to perform this office until his removal to Boston in 1645.
      Pg.38: List of the First Settlers of the Town. ... Grantees of Dorchester lands, whose names appear in the Town Records previous to January, 1636, ... Nathaniel Duncan ...
      Pg.50: Nathaniel Duncan. Mr. Blake places Mr. Duncan's name among the first comers - he appears in the Town Records as grantee of land in 1633 and '37; Selectman of the town from 1635 to '45; one of the six who first signed the Church Covenant with Mr. Mather; charter member of Artillery Company in 1637; freeman 1635; was a successful merchant, and the superior advantages which the town of Boston offered, induced him to remove thither with many other persons in 1645. His name is on the records of the Old North Church in 1655. He was Vote Commissioner in Boston in 1646, and several times Deputy to the Court from Boston. Capt. Johnson describes him as learned in the Latin and French languages, also an accomplished accountant. (MAD: Boston, Suffolk Co. MA)
      Pg.145: The following list comprises the names of those who lived in the town, and who had reached the age of twenty-one years, up to the year 1700, in addition to those is the lists already given. ... Nathaniel Duncan, Jr.; Peter Duncan. ....
 

1860 "History of the town of Gloucester, Cape Ann [Essex Co. MA]: including the town of Rockport" by John J. Babson; pub. Gloucester Mass.: Procter Bros. (LH5764, HeritageQuest images 2/2007 & 5/2007; FHL book 974.45/G3 H2bj and film 973,277 item 2)
      Pg.82, Early Settlers: Peter Duncan, called a merchant, bought a house and land in the harbor, of John Jackson, in 1662. A portion of this land, probably, was that point, projecting into the harbor, which long bore his name. His mercantile transactions were on a small scale, and were not attended with much success; as he was reported in 1693 very poor, and not able to work. He died May 6, 1716, aged eighty-six. His wife Mary, daughter of Deputy-Gov. Symonds, died July 21, 1692. Their children were - Mary; Elizabeth, born in 1661; Ruth, 1663; Peter, 1665; Priscilla, 1667; Margaret, 1670; and Daniel, 1672. This name was not perpetuated in town; but there are several descendants of Duncan by his daughter Mary, who married William Sargent, 2d.
      Pg.378: In 1662, Peter Duncan settled in the town, and carried on a small trade at the Point, in the Harbor...
 

1891 "Notes and additions to the history of Gloucester." (Essex Co. MA) by John J. Babson; pub. Salem, Mass.: Salem Press Pub. and Print. Co. (LH5769; HeritageQuest 5/2007; FHL film 547,197 item 2 and 962,397 item 2)
      Pg.93: Early records. 1716. Peter Duncan, an early settler, died this year. Before he settled in Gloucester he had probably resided in Boston, where he had the following children baptized: Martha, Nov. 10, 1655; Elizabeth, Feb. 28, 1657; and Mary, Nov. 12, 1659. (MAD: Boston, Suffolk Co. MA)
 

1861 "The history of Haverhill [Essex Co.], Massachusetts : from its first settlement, in 1640, to the year 1860" by George Wingate Chase; pub. Haverhill Mass.: The author. (HeritageQuest image 2/2007, Local History Reel/Fiche Number 5802; FHL book 974.45/H1 H2c reprint)
      Pg.628-629: DUNCAN, GEORGE, son of George, (who lived and died in Ireland) came to this country with the early settlers of Londonderry [Rockingham Co.] N.H., accompanied with his second wife, Margaret Cross, and his seven children. They were John, the eldest by a former marriage; and George, William, Robert, Abraham, Esther, and James, by the second marriage.
      James, son of the above George, married Elizabeth Bell, third daughter of John and Elizabeth Bell, and was a merchant in Haverhill, Mass. He died in 1818, aged 92 years. His wife died in ----, aged about 47 years. Their children were, John, who died unmarried; Samuel, of Grantham, N.H., who married a Miss Emerson, and had several children; Robert, who was a Representative of Grantham, married a Miss Emerson, had a son, Samuel B., and died in 1807; Abraham; William, who lived in Concord, N.H., married a Miss Harris, had a son James, and three daughters, and died about 1795, (his widow removed to Ohio with her son James, and died in 1835); James, who married Rebecca White, of Haverhill, and died January 5, 1822, leaving two sons, Col. Samuel W., who died October 21, 1824, aged 34, and Hon. James H., who married Mary, daughter of Benjamin Willis, of Boston; Elizabeth, who married John Thaxter, Esq., of Haverhill, and afterward Joshua Carter, of Boston; Margaret, who married Thomas Baldwin, D.D., of Boston; Mary; and three others.
      Hon. James H. Duncan, was born in Haverhill, Mass., December 5, 1793. His father, James Duncan, Esq., was a prominent merchant, and a descendant of the colony of Scotch-Irish who settled Londonderry, N.H. His mother, Rebeccah White, was a descendant of William White, one of the first settlers of Haverhill. The subject of this sketch early manifested a love for books, and having passed the usual course of preparation at Phillips' Exeter Academy, entered Harvard University, in 1808, at the early age of fourteen. Notwithstanding his youth, he maintained a high rank in scholarship, and graduated in 1812, with an honorable part. Having pursued the study of the Law in the offices of Hon. John Varnum, at Haverhill, and Leverett Saltonstall, Esq., at Salem, he was admitted to the Essex Bar in 1815, and immediately entered upon the practice of his profession, in Haverhill, and continued in it with fidelity and success until he took his seat in Congress, in 1849, when he resigned the active duties of the pression.
      A short time previous to his admission to the Bar, he was elected Ensign in the Haverhill Light Infantry Company, of which he was a member, and, passing through the various grades of militia service, he rose to the rank of Colonel, which office he held several years, and until he resigned his commission. (MAD: more on his House of Representatives election and service as a public official and service in the National Republican Convention at Harrisburg; real estate owner, etc.) He has for many years resided upon the beautiful estate, corner of Main and Sumner Streets, originally owned by Moses B. Moody, Esq. ... (no other genealogical info)
 

1890 "Historical discourse delivered on the one hundred and twenty-fifth anniversary of the First Baptist Church of Haverhill, Mass." (Essex Co.) by W.W. Everts; pub. Haverhill Mass.: Chase Bros., printers (LH5837; HeritageQuest 5/2007)
      Pg.7: May 9 & 11, 1890; At the evening service, Dr. S.W. Duncan presided. After giving reminiscences of his boyhood in Haverhill ...
      Pg.14: The Baptist Society was formed January 1, 1765, at the house of James Duncan ...
      Pg.36: Dr. Baldwin, the famous preacher, found that in all his journeys he had met no lady so admirable and amiable in every way as Margaret Duncan; therefore in 1813 the church was compelled to grant her a letter to the Second Church in Boston to become the pastor's wife.
      Pg.42: In 1820 the famous fund was started. At first it increased very slowly by quarterly collections but in 1822 Mrs. Sarah How contributed $1000, and she was followed next year by her sister Mrs. Ann Saltonstall with $500, and in 1825 by another sister, Mrs. Rebecca Duncan with another $500. These ladies never joined the church but they perpetuated the generous feeling of their father, Squire Samuel White, one of the founders of the society. The fund started in 1820 by small quarterly contributions of $12 or $13, to-day, by the careful and honest handling of George Appleton, Moses D. George, James H. Duncan and their successors, now amounts to $10,000. ...
      Pg.45: ... In 1828 ... at the establishment of the Haverhill Academy Mr. Keely was made President, and his tried friend James H. Duncan, secretary.
      Pg.60-61: ... converts ... Samuel W. Duncan, ...
      Pg.73: In 1835 the superintendent's mantle fell upon the shoulders of James H. Duncan who wore it honorably for fifteen years. ...
      Mention of George W. Duncan 1877-1881, and Mrs. Rebecca Duncan 1875, not copied
 

1891 "An oration delivered at the commemoration of the two hundred and fiftieth anniversary of the settlement of Haverhill, Massachusetts : July second and third, 1890" (Essex Co.) by Samuel White Duncan; pub. Boston: J.G. Cupples, printer (LH5834; HeritageQuest 5/2007)
      "This oration is taken from the large anniversary volume published for the city of Haverhill and the paging has not been changed" -- T.p. verso. port.
      Pg.167: James Duncan furnished his house (now the site of the Currier Block on Main Street) for a meeting, January 1, 1765, ...
      Pg.174: Major James Duncan, Jr., of this town commanded the battalion of cavalry ... visit of General Washington, November 4, 1789, ...
      Pg.180: 1812, The Haverhill Light Infantry, under command of Capt. Samuel W. Duncan, was for a time stationed at South Boston for the defence of the harbor. ...
      Pg.184: 1829, the Haverhill Lyceum, of which James H. Duncan was president ...
      Pg.188: A meeting upon the matter was held at the Eagle House in 1834, of which James H. Duncan was chairman, ...
      Pg.190-192: 1854 ... resolution for the repeal of the Missouri Compromise had been introduced into Congress. ... at the annual town meeting, a comprehensive preamble and resolutions, presented by the Hon. James H. Duncan, denouncing the proposition of repeal as a breach of public faith ... Mr. Duncan ... was prominently identified with the best interests of Haverhill and an important factor in her prosperity. Through his mother, Rebecca White, he was a direct descendant of William White who signed the Indian deed. His father, a successful merchant in Haverhill at the beginning of the century, was allied with the Scotch-Irish colony that settled Londonderry, N.H.; the grandfather, James Duncan, having removed thence to this town in 1740. After graduation at Harvard and the completion of his law studies in 1815 he began the practice of his profession in Haverhill. ... in the militia service until he reached the rank of colonel, by which title he was afterwards commonly addressed. He was repeatedly elected to both branches of the State Legislature and two years he was a member of the Council. In 1839 he was elected a delegate to the convention that nominated General Harrison to the presidency, and in 1848, ... was chosen to represent the district ... in the National Congress ... For a period of fifty years he was a conspicuous figure in the annual town meetings. (MAD: nothing said of the date of his death or if he was married)
 

1879 "Haverhill : foundation facts concerning its settlement, growth, industries, and societies, etc., etc." (Essex Co.) (anonymous); pub. Haverhill, Mass.: Bridgman & Gay (LH7497; HeritageQuest 4/2007)
      Pg.10: Haverhill Heroes. Names and rank of those who enlisted in the War of the Rebellion, and other interesting particulars concerning them. ... Duncan, Samuel W., F 50th
      Pg.27: First Baptist Church. Clerks: J.H. Duncan, 1819-49. Treasurers: J.H. Duncan, 1823-32
      Pg.34: Trinity Church. 1855. ... During the six months of 1820 services were held regularly with an average attendance of about sixty, embracing some of the most intelligent and influential men in the town. A Mr. Hovey and Hon. J.H. Duncan frequently conducted the exercises. ...
      Pg.35: Representative Men from Haverhill to Congress and the State Legislature. Members of Congress from Haverhill. 1848 to 1852, James H. Duncan.
            State Senators from Haverhill. 1828 to 1831, James H. Duncan.
 

1908 "Genealogy and Personal Memoirs relating to families of Boston and Early Massachusetts" by William Richard Cutter; pub. 1908, Lewis Pub. Co. (FHL film 1,035,606 item 3 and books 974.461 D2c v.1-4; an image of the pages is online through the FHL catalog, 7/17/2008) (MAD: see Rockingham Co. NH; Haverhill, Essex Co. MA)
      Pg.960-961: The Duncan family is one of the foremost in Scotland, and is believed to be of ancient Norse origin. Before 1700 the family was well established in Forfarshire, Scotland. In the Duncan family are held the earldoms of Camperdown, Gleneagles and Lundie; the viscountcy of Duncan; the barony of Lundie, and many disting[u]ished men of this family have lived in Scotland during the past few centuries. In 1861 the census showed that of the name Duncan 12,467 persons lived in Scotland. In 1890 forty-one children of this surname were born in Ireland, of whom twenty-five were in the Scotch counties of Antrim and Tyrone. A branch of the family went from Scotland to these counties in the North of Ireland as early as 1700.
      (I) George Duncan, ancestor of the family here given, lived and died in Antrim county, Ulster Province, Ireland, or in that vicinity.
      (II) George Duncan, son of George Duncan (I), was born in the north of Ireland and came with the Scotch-Irish pioneers to Londonderry, New Hampshire, with his second wife, Margaret Cross, and seven children. He was a man of ability and education, became justice of the peace, and a prominent citizen. Child by first wife: I. Deacon John, born in Ireland, 1729, died November 15, 1799, and is buried in the old Hill graveyard at what is now Derry, New Hampshire; married Rachel Todd and Hannah ----, who died January 5, 1789, aged fifty years. Children of George and second wife: 2. George Jr., married Letitia, eldest daughter of John and Elizabeth Bell; elder of the Presbyterian church; wife died May 5, 1767, aged fifty-seven years; was founder of the Antrim, New Hampshire family of this name. 3. Captain William, married Naomi, sister of Letitia Bell; he died in 1798, aged eighty-two years, six months (gravestone); she died September 1, 1807, aged eighty-eight. 4. Robert, born 1735, died February 10, 1759, at Londonderry, aged twenty-six years, four months; removed to Boston; married Isabella Caldwell. 5. Abraham, removed to North Carolina; had descendants there. 6. Esther, married John Cassan, of Connecticut. 7. James, mentioned below.
      (III) James Duncan, son of George Duncan (2), born in Ireland, in 1726, died in Haverhill, 1818, aged ninety-two years. He married Elizabeth, third daughter of John and Elizabeth Bell. His wife died at the age of forty-seven. He was a general merchant at Haverhill and accumulated a large property. Children: 1. John, died unmarried. 2. Samuel, settled in Grantham, New Hampshire; married ---- Emerson, several children. 3. Robert, married ---- Emerson; died 1807; had son Samuel. 4. Abraham. 5. William, resided at Concord, New Hampshire; married Dollie Harris. 6. James, mentioned below. 7. Mary. 8. Elizabeth, married John Thatcher, lawyer; second, Joshua Carter; lived in Boston, Massachusetts. 9. Margaret, married Thomas Baldwin, D.D., of Boston. Three others.
      (IV) James Duncan, son of James Duncan (3), was born about 1765, in Haverhill. (One James Duncan was in the revolution in 1781 in Captain John H. Wendell's company, Colonel Goose Van Schaick's regiment, of New York, residence presumably Massachusetts, but town not given). James Duncan married Rebecca White, of Haverhill, descendant of William White, one of the first settlers of Haverhill. Children: 1. Colonel Samuel, born 1790, died October 21, 1824. 2. Col. James H., mentioned below.
      (V) Colonel James Henry Duncan, son of James Duncan (4), born in Haverhill, Massachusetts, December 5, 1793, died there February, 1869. He received his first instruction in the public schools of his native town, and early in life developed habits of study and a love of books. He fitted for college at Phillips Academy, Exeter, New Hampshire, and at the age of fourteen entered Harvard College, where he attained high rank, and in 1812 was graduated with an honorable part. He studied law in the offices of Hon. John Varnum, of Haverhill, and Leverett Saltonstall, Esq., of Salem, and was admitted to the bar in 1815. He began the practice of his profession in his native place and soon attained distinction. He remained in the active pursuit of his profession for nearly thirty-five years, and when he retired upon taking his seat in congress, was among the leaders of the bar, famous for his fidelity, integrity and successful application to the duties of the hour. ... (MAD: more on military and political career, not copied here) He owned a handsome residence and maintained a fine estate at the corner of Main and Summer streets in Haverhill, formerly owned by Moses B. Moody. ... It is now the home of the Pentucket Club.
      He married, June, 1826, Mary Willis, born 1805, daughter of Benjamin and Mary (McKinstry) Willis. Children: 1. James Henry, Jr., born August, 1827, died December 31, 1858. 2. Rebecca White, born 1831, died 1871. 3. Mary Willis, born 1833; widow of Robert Harris, of New York City. 4. George, born 1835, died 1840. 5. Susan R., born 1837, died 1857. 6. Samuel W., born 1838, died 1898; was minister of Baptist church, and took high rank as a minister. 7. Rosanna, born 1840, died 1860. 8. Elizabeth, born 1842, died 1886; married Rev. Theodore T. Munger. 9. George W., born 1845, died 1884, in Rome. 10. Caroline, born 1846. 11. Margaret, born 1847. Two others died in infancy.
 

1834 "History of Ipswich, Essex, and Hamilton" (Essex Co. MA) by Joseph B. Felt; pub. Cambridge Mass.: Printed by C. Folsom (LH5813; HeritageQuest 5/2007; FHL book 974.45 H2f and film 896,755 item 2)
      Pg.161-163: OBITUARY AND BIOGRAPHICAL NOTICES. ... 1678, Oct. Samuel Symonds d., and was buried the 11th. ... His first wife was daughter of Governor Winthrop, who mentioned her as living, Sept. 30th, 1648. For his second wife he married Rebecca, widow of Daniel Eppes. She survived him, and d. July 21st, 1695, AE. 78. Mr. Symonds left children, - Harlakendine; Elizabeth, wife of Daniel Eppes; Martha, wife of John Dennison and afterwards of Richard Martyn of Portsmouth; Ruth, wife of the Rev. John Emerson of Gloucester; Priscilla, wife of Thomas Baker of Topsfield; Mary, wife of Peter Duncan of Gloucester; Rebeckah, wife of Henry Bylie of Salisbury, England, then of John Hall of England, then of the Rev. Wm. Worcester of Salisbury, Mass.; and William; and a brother, Richard Fitts Symonds. He had other daughters, Dorothy, married to Joseph Jacobs, and Susanna. ...
 

1900 "The pioneers of Massachusetts : a descriptive list, drawn from records of the colonies, towns and churches, and other contemporaneous documents" by Charles Henry Pope (from Anne Jensby 1/1994, typed by Evelyn Sigler; also FHL book 974.4 D2p and film 924,405 item 1 and fiche 6,046,669; additions, abbreviations and sources from Kathy Cawley 10/2007)
      Pg.146: Mr. Nathaniel Duncan, merchant, Dorchester [Essex Co.], one of the original church-colony who came in 1630; [Bl.] frm. May 6, 1635; one of the 7 signers of the second chh. covenant in 1636; selectman, auditor, deputy. He rem. to Boston; with wife was rec'd to chh. 7 (1)1646. "Learned in Latin & French; a very good accountant." [J] Wife Elizabeth; ch. Peter and Nathaniel. "My son Nathaniel D. and his children" are legatees in will of Ignatius Jurdaine, of Exeter, Eng. March 1, 1635; the sons Peter and Nathaniel, in that of Elizabeth J. of the same, in 1633. [Reg. XLIX,493.] The inv. of his est. was filed 26 Jan. 1668, by James Trowbridge, admin.
      "Additions and Corrections, 1902."
      Pg.168b: DUNCAN, Nathaniel, mar. at Exeter, Eng., Elizabeth JORDAN; license dated Jan. 3, 1616-7.
      ABBREVIATIONS:
chh. - church
frm. - freeman (citizen)
ch. - children
inv. - inventory
rem. - remained or removed
      SOURCES quoted [ ]:
Bl. - Blake, James, Annals of Dorchester
J. - Johnson, Mr. Edward, Wonder-Working Providence.
 

1900 "Memorials of the Essex [Massachusetts] Bar Association : and brief biographical notices of some of the distinguished members of the Essex bar prior to the formation of the association." (anonymous); pub. Salem, Mass.: Newcomb & Gauss, printers (LH7431; HeritageQuest 5/2007; FHL book 974.45 D3e)
      Pg.7: JAMES H. DUNCAN. RESOLUTIONS on the death of JAMES HENRY DUNCAN, adopted by the Essex Bar Association and ordered by the Superior Court to be entered of record at March term, 1869. Resolved, That we desire to express, and put on record, our respect for the memory and character of the Honorable James H. Duncan, whose recent death was so sincerely and deeply lamented in the particular community where he was born and lived, as well as by the public at large. Mr. Duncan entered on the practice of the law in the Courts of this county more than fifty years ago, ... He pursued his profession here for many years ... The foregoing resolutions were adopted by the Essex Bar Association and presented to the Court, and it was Ordered that said resolutions be entered on the records of the Court.
      Pg.189-191+: Stephen H. Phillips - In accordance with this custom a memorial of STEPHEN HENRY PHILLIPS, long a prominent and distinguished member of this Bar has been prepared. Mr. Phillips was born in Salem, August 16, 1823, and died April 8, 1897, being nearly seventy-four years of age. He leaves a widow and two sons, Stephen Willard and James Duncan. His father was Stephen Clarendon Phillips, born in Salem (nothing said about his mother). ... In 1871 Mr. Phillips married Margaret, daughter of the Honorable James H. Duncan, of Haverhill, for some years a member of Congress for Massachusetts.
 

1907 "A guide to Massachusetts local history : being a bibliographic index to the literature of the towns, cities and counties of the state, including books, pamphlets, articles in periodicals and collected works, books in preparation, historical manuscripts, newspaper clippings, etc." by Charles Allcott Flagg; pub. Salem, Mass.: The Salem Press Co. (LH7504; HeritageQuest 5/2007)
      Essex Co., pg.57: HAVERHILL. ... DUNCAN, S.W., Historical oration. (Haverhill. 1640. The story of a New England town. 1890. p.127-197.) (MAD: Essex Co. MA)
 

"The Hammatt papers ... : the early inhabitants of Ipswich, Mass., 1633-1700" (Essex Co.) by Abraham Hammatt; pub. Ipswich, Mass.: Press Ipswich antiquarian papers, A. Caldwell, A.W. Dow, 1880-1899, 429 pgs. (LH9159; HeritageQuest 5/2007; FHL book 974.45/I2 D2h, and film 14,769 item 1)
      Pg.357-359: Samuel Symonds was Representative from 1638 to 1643, ... his decease October, 1678. He left wife Rebekah; sons Harlakinden and William; daughters, Elisabeth, wife of Daniel Eppes; Martha, widow of John Denison, who afterwards married Richard Martyn of Portsmouth; Ruth, wife of Rev. John Emerson of Gloucester; Priscilla, wife of Thomas Baker of Topsfield; also, Susannah, his granddaughter, who married Dec. 18, 1690, Joseph Jacobs. His will is dated Feb. 16, 1673, and proved Nov. 6, 1678. By a codicil, dated Nov. 8, 1677, he bequeaths ... "Son and daughter Emerson, four score pounds. ... Having paid son Baker forty pounds ... Daughter Hale, twenty shillings. Sonne Chewte, twenty shilling. Daughter Dunkin 20s. ... Rev. Mr. Cobbett our pastor, 40s. (MAD: elipses theirs) ...
      The "daughter Dunkin" was probably the wife of Peter Duncan of Gloucester; how she became the daughter of Mr. Symonds does not appear. Neither can I discover who was the "sonne Chewte." In a deed dated June 11, 1662, Peter Duncan, of Gloucester, Merchant, styles Daniell Epps of Ipswich, his brother. (MAD: more on Symonds family, not copied here)
 

1868 "Illustrated history of Lowell" (Middlesex Co. MA) by Charles Cowley; pub. Boston: Lee & Shepard (LH5747; HeritageQuest 5/2007; FHL book 974.44/L1 H2c and film 1,697,656 item 6 and fiche 6,100,473)
      Pg.162: Amos Abbott ... retained his seat in Congress six years. In 1849, James H. Duncan of Haverhill, succeeded him and was re-elected for a second term. (MAD: Haverhill, Essex Co. MA)
 

1897 "Biographical review containing life sketches of leading citizens of Belknap and Strafford Counties, New Hampshire" pub. Boston : Biographical Review Publishing Company of Boston (FHL film 1,000,199)
      Pg.398-399: OSCAR DUNCAN, who has followed the trade of blacksmith in Alton, Belknap County, for the past ten years, was born November 28, 1861, in Paradise, Annapolis County, N.S., son of David and Eliza (Cole) Duncan, both of whom were natives of Chester, Lunenberg County, N.S. The father followed the sea in his younger days, but subsequently engaged in the sawmill and cooperage business at Paradise, N.S., following it successfully up to about fifteen years ago, when he took up the nursery business. In early boyhood he united with the Episcopal church, and after he attained the years of manhood he served as church warden. Eliza, his wife, bore him eight children; namely, Norman, Fannie, Oscar, Edwin M., Sophia, Annie, Arthur, and Cliff. Norman died when two years old; Fannie is married to William F. Morse, and resides in Providence, R.I.; Edwin conducts a grocery store in Beverly [Essex Co.], Mass.; Sophia is the wife of Dr. Martin, now of Hyde Park, Mass.; Annie married John Warwick, and her home has since been in Larenstown, N.S.; Arthur, who is unmarried, is at home; and Cliff is also at home.
      Oscar Duncan received an education, attending the graded schools of his native town. After spending a year learning the trade of a blacksmith with William Bath, he emigrated to Boston, Mass. During the first eighteen months of his stay in that city, he was employed in a grain elevator at Constitution Wharf, owned by the Fitchburg Railroad Company. He next worked at his trade for six months, after which he went to Lower Gilmanton, N.H., where he was employed at his trade for about a year by Charles Kelley. Following that he worked at the iron works in Gilmanton, spent a few months with a Mr. Marsh, then came to Alton to work for H.F. Muzzey. A year later he returned to Gilmanton Iron Works. In March, 1883, he started in business for himself in that place, where he remained four years. Coming to Alton at the end of that time, he purchased a shop here, and has since built up a very desirable business.
      In January, 1883, while living at the Iron Works, and shortly before he set up in business for himself, Mr. Duncan was married to Miss Nellie J. Sanborn, daughter of Charles Sanborn of that place. Mr. Duncan is a Democrat in politics. In 1896 he was a candidate for the State legislature, but was defeated by the Republican candidate. He has always taken much interest in town affairs. For three years he was Chief Engineer of the fire department, and he was a policeman for an equal length of time. He is a member of Woodbine Lodge, No.41, I.O.O.F., at Farmington, N.H.; also of Cocheco Lodge, No.28, Knights of Pythias, being eligible to a seat in the Grand Lodge. In the society of the Second Free Baptist Church, he is a chairman of the executive committee, and the present superintendent of the Sunday-school. Mr. Duncan is counted among the representative men of the town.
 

1882 "Counties of Porter and Lake, Indiana : historical and biographical : illustrated" by Hubert S Skinner, Weston S Goodspeed, Robert Beer, G A Garard, et al; pub. Chicago: F.A. Battey & Co. (LH6276, HeritageQuest images 5/2007; FHL film 973,028 and 934,917 item 1)
      Pg.701-702: North Township, Lake County. C.N. TOWLE is a native of New Hampshire, where his childhood was spent. When eight years old, he was taken to Massachusetts, where he passed his school days, and where he acquired a fair education and afterward served as apprenticeship to the butchering business. This trade he followed in Hammond, Ind., up to a period of six years ago, during which length of time he was foreman of a slaughtering establishment; he was married in Massachusetts, to Miss Hattie Duncan, of Haverhill, whose parents were of English descent. This union was blessed by one child, Charles C. (MAD: no dates) (MAD: Haverhill, Essex Co. MA)
 

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