Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised October 30, 2014
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Duncan research files of |
1850 Scotland Co. MO Census
No Duncan indexed
1860 Scotland Co. MO Census
Miller Twp.
Pg.790, #13, William DUNHAM 45 VA farmer $650-$120
Nancy 44 KY housekeeper
Manda 19, Martha 18 KY
Antoneto (f) 16 KY
Jeremiah 10, Lucretia 8 MO
Charles 5, Sarah 3 MO
Jefferson Twp.
Pg.857, #470, John DUNKIN 35 OH merchant $4400-$5000
Elizabeth 24 PA housekeeper
Rezin (m) 12, Elenor 10 OH
William 7, Sarah A. 5 OH
Mary J. 2 IN
Easter A. 3/12 MO
(MAD: 1850 Adams Co. OH census, wife Hester)
Green Twp.
Pg.985, #1384, Thomas DUNCAN 40 NC farmer $800-$380
Nancy 29 OH domestic
Susan 7 IN
James B. 4, Sarah J. 4 IA
Thomas H. 2 MO
Joanna DUNCAN 15 OH servant
1870 Scotland Co. MO Census (pg.521 also from Cheri Mello 5/1998)
Jefferson Twp.
Pg.433, #226-230, DUNCAN, Henry 32 MS farmer $600-$800
Sarah 27 IN keeping house
Flirar? (f) 2, Cord. (f) 2 MO twins
DUNCAN, (blank) (f) 8/12 b.Oct.
(MAD: ? 1860 Tippah Co. MS census, son of John and Malinda Duncan)
Town of Memphis
Pg.449, #50-50, DUNCAN, John 45 OH grocer $1200-$1000
Elizabeth 33 PA
Reason (m) 21 OH grocer
Wm. 18, Sarah 15 OH at school
Mary 13 IN at school
Esther (f) 11 MO at school
Emma 7, John 5, Virgia. (f) 3 MO
Henry 6/12 MO b.Jan.
Union Twp.
Pg.521, #26-26, DUNCAN, Thos. 56 NC farmer $0-$500
Nancy 45 OH keeping house
M. (f) 16 IN at school
Joe? (m) 14 IA ("Iowa") at school
Sarah 13 IA at school
W. (m) 7, Mary 5, Dick (f) 4 MO
Chas (f) 4 MO
Fran..? (Fred..?) (m) 2 MO
Scotland Co. MO Index to deeds v.1 1836-1872 (FHL film 1,012,040; SLC 5/11/2013)
Direct:
G-395: Duncan, Thomas, mtg., to Lewis, Catherine
G-556: Dunkin, John & Joshua, W.D., to Wilson, A.H. (&) Wellington, Darius, & Payne, Phillips
J-504: Dunkin, John & Joshua, W.D., to Tracy, Charles F.
K-523: Duncan, Thomas M., W.D., to Brook, Henry
L-291: Dunkin, John & Joshua, W.D., to Tracy, Chas. F.
L-391: Duncan, Isaac, W.D., to Downing, Wm. G.
N-540: Duncan, J.B., W.D., to Durkee, L & M & Allen, C.L.
O-28: Dunkin, Joshua, W.D. to Harmon, John L.
P-26: Dunkin, John, W.D., to Downing, Wm. G.
no others to 1867
Inverted (grantee):
G-548: Dunkin, John & Joshua, W.D., from Dunkworth, Wm. S.
G-471: Dunkin, Joshua & John, W.D., from Houtz, John
G-402: Duncan, Thomas, W.D. from Lewis, Catherine
G-555: Dunkin, John & Joshua, deed, from Martin, Chas. WM & F.A.AM, Memphis Lodge
G-555: Dunkin, John & Joshua, deed, from Ostrander, H.M.
H-425: Dunkin, Joshua et al, trustees M.E. Church, W.D., from Clapper, Henry D.
H-506: Dunkin, J. & J., W.D., from McCandless, Mitchel
J-381: Duncan, James, W.D., from Trimble, Robert C.
J-379: Duncan, James et al, W.D., from Trimble, Robert C.
K-443: Duncan, Thomas M., mtg, from Brook, Henry
K-243: Duncan, James et al, Quit Claim Deed, from Pearson, Charles
L-632: Dunkin, Joshua, W.D., from Dunkin, John
L-300: Duncan, Barr, Ubsdell & Co., W.D., from Trimble, Alexander
L-631: Dunkin, John & Joshua, Q.C.D, from Tracy, Charles F.
M-210 & M-211: Duncan, James et al, Q.C.D., from Ubsdell, John A.
N-313: Dunkin, John, W.D., from Cooper, D.B.
Next was 1867 & later, quit
Scotland Co. MO Deeds (SLC 7/17/2014; have JPG images of all and PNG images for G-395 to G-555)
Deeds v. G-H 1858-1860 (FHL film 1,014,502)
G-395: Thomas Duncan of Van Buren Co. IA for $1400 paid by Catherine Lewis of Scotland Co. MO, sell tract or parcel of land in Scotland Co. MO, SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing 80 acres more or less, upon the condition that said Thomas Duncan has this day executed his promissory note to said Catherine Lewis bearing even date with this mortgage calling for $400 due 15 May next bearing 10% interest from maturity until paid, now if Thomas Duncan or his heirs shall pay all of the above note as agreed with what interest might arise, then this obligation or mortgage to be void, otherwise remain in full force. 21 Oct. 1858. /s/ Thomas Duncan. Ack. 21 Oct. 1858 by Thomas Duncan before Flavius J. Holder, J.P. of Scotland Co. MO. Filed for record Nov. 18, 1858. (Side note: Release the mortgage, 10 June 1859) (FHL film 1,014,502)
G-402/403: Catherine Lewis of Scotland Co. MO for $800 paid by Thomas Duncan of Van Buren Co. IA, sell tract or parcel of land in Scotland Co. MO, the SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing 80 acres more or less, with appurtenances, warrant title. 21 Oct. 1858. /s/ Catherine Lewis. Ack. 21 Oct. 1858 by Catherine Lewis before Flavius J. Holder, J.P. of Scotland Co. MO. Filed for record Nov. 22, 1858. (FHL film 1,014,502)
G-471: 8 Jan. 1859, John Houtz and Mary Ann Houtz his wife of Scotland Co. MO to Joshua Dunkin and John Dunkin of afsd, for $100 paid, sell real estate, 15 acres out of W 1/2 of SW 1/4 Sec.1 Twp.65 Range 12W, said 15 acres to lie directly north and adj. a piece of land containing the same number of acres deed by said Houtz and wife to William G. Downing, all of which lies on west side of Narch Fabins river, in county and state afsd, with appurtenances, warrant title. /s/ John Houtz, Mary N. Houtz. Ack. 8 Jan. 1859 by John Houtz and Mary N. Houtz before John D. Gorin, Clerk of Scotland Co. MO Circuit Court. Filed for record Jan. 12, 1859. (FHL film 1,014,502)
G-548/549: 7 March 1859, William S. Duckworth of Scotland Co. MO to John and Joshua Duncan of Scotland Co. MO, for $42 paid, sell real estate, 3 feet of ground commencing 17 feet from SW corner of said Dunkin's lot "(Lot 8, Block 12, runing north)", then N 3 feet, then E 120 feet, then N 3 feet, then W 120 feet, then S 3 feet to the beginning in Sec.8 Block 12 in the original plat of town of Memphis, MO, with appurtenances, warrant title. /s/ William S. Duckworth. Ack. 7 March 1859 before John D. Gorin, Clerk of Scotland Co. Circuit Court, by William S. Duckworth and his wife. [MAD: references to his wife's acknowledgement are in parenthesis throughout the ack.] "This mark [] denotes erasures." Filed for record March 7, 1859. (FHL film 1,014,502)
G-555: Charles Martin, Worshipful Master of Memphis Lodge No.16 Free and Accepted Ancient Masons for $10 paid by John Dunkin and Joshua Dunkin, sell lot to be used as a burying ground for him the said John Dunkin and Joshua Dunkin and his heirs and assigns forever, Lot No.2 in Block 24 on the original plat of the Masonic Cemetery near Memphis, Missouri. 12 Feb. 1859, /s/ Charles Martin, W.M. Ack. 12 Feb. 1859 by Charles Martin before John D. Gorin, Clerk of Scotland Co. MO Circuit Court. Filed for record March 10, 1859. (FHL film 1,014,502)
G-555/556: 17 Feb. 1859, H.B. Ostrander and Mary A. Ostrander his wife of Scotland Co. MO to John Duncan and Joshua Duncan of Scotland Co. MO, for $300 paid, sell real estate, 20 feet off north part of Lot No.7 in Block No.12 in town of Memphis, begin. at NE corner of said lot, then S 20 feet then W 120 feet then N 20 feet then E 120 feet to the beginning, in Scotland Co. MO, with appurtenances, warrant title. /s/ H.B. Ostrander, Mary A. Ostrander. Ack. 26 Feb. 1859 by Harvey B. Ostrander and Mary A. Ostrander his wife before Jas. M. Scott, J.P. Filed for record March 10, 1859. (FHL film 1,014,502)
G-556/557: 4 March 1859, John and Joshua Dunkin and Elizabeth and Ann wife of said (in margin) in Scotland Co. MO to A?.K. Wilson, Darius Wellington and Phillip Payne of Scotland Co. MO, for $42 paid, sell real estate, 3 feet of ground off south side running back to east end, of Lot No.8 in Block No.12 of original town plat of town of Memphis, Scotland Co. MO, with appurtenances, warrant title. /s/ Joshua Dunkin, John Dunkin, Elizabeth Dunkin, Ann Dunkin. Ack. 8 March 1859 before James M. Scott, J.P. for Jefferson Twp, Scotland Co. MO, by Joshua Dunkin and John Dunkin, Ann Dunkin and Elizabeth Dunkin. Filed for record March 10, 1859. (FHL film 1,014,502)
H-425/426: 17 Jan. 1860, Henry D. Clapper and Ann E. Clapper his wife of Putnam Co. MO to Casper Lingle, Andrew R. Cushman, Joseph S. Oliver, Joel Curtice, William E. Gates, John Stine, Joshua Dunkin, James A. Hendrickes and Samuel Kenoyer, Trustees, in trust, all of Scotland Co. MO, that the said Henry D. Clapper and Ann E. Clapper the wife of said Henry D. Clapper for $150 paid, sell to said Casper Lingle, Andrew R. Cushman, Joseph S. Oliver, Joel Curtice, William E. Gates, John Stine, Joshua Dunkin, James A. Hendricks and Samuel Kenoyer and their successors, trustees in trust, all the property ... which the said Henry D. Clapper and Ann E. Clapper his wife have to a lot or piece of land in Scotland Co., state afsd, Lot No.7 Block No.2 Cecil's first addition to town of Memphis, as recorded, containing 120 feet long and 60 feet broad, with appurtenances, to said ... and their successors in office, in trust, that they shall erect and build a house or place of worship for use of the members of the Methodist Episcopal Church ..., warrant title. /s/ Henry D. Clapper, Anie E. Clapper. Wit. C.A. Simpson, Minor S. Ford. Ack. 17 Jan. 1860 by Henry D. Clapper and Ann E. Clapper his wife before Wm. A. Shelton, Clerk of Circuit Court of Putnam Co. MO. Filed for record Feb. 13, 1860. (FHL film 1,014,502)
H-506/507: 24 March 1860, Michell McCandless and Perriscella his wife of Scotland Co. MO to J. & J. Duncan of Scotland Co. MO, for $800 paid, sell real estate, Lot 6 in Block No.6 in original platt of town of Memphis in Scotland Co MO, with appurtenances, warrant title. /s/ Mitchael McCandless, Priscilla McCandless. Ack. 24 March 1860 by Michael McCandless and Priscilla McCandless his wife before M.S. Duckworth, Notary Public of Scotland Co. MO. Filed for record March 27, 1860. (FHL film 1,014,502)
Deeds v. J-K 1860-1865 (FHL film 1,014,503)
J-379/380: 23 June 1862, Robert C. Trimble and Winey Caroline Trimble his wife of Scotland Co. MO to John A. Ubsdell and Charles Pierson of City and County of New York and state of New York, and William Barr, James Duncan and Edward J. Cubbage of St. Louis, MO, for $2500 paid, sell tracts or parcels of land in Scotland Co. MO, the W 1/2 and SE 1/4 of SW 1/4 Sec.23, also E 1/2 of E 1/2 of SE 1/4 Sec.22, also 20 acres, being S end of E 1/2 of NE 1/4 Sec.27 and 40 acres bounded beg. at NE corner of NW 1/4 Sec.26 Twp.64 Range 11W, then running S 26-2/3 rods, then parallel with the section line dividing sections 23? from 26, west 240 rods, then north 26-2/3 rods, then east along said section line to the beginning, all 3 tracts in Twp.64 Range 11W in Scotland Co., with appurtenances, warrant title. /s/ Robert C. Trimble, Winey C. Trimble. Ack. 26 June 1862 by Robert C. Trimble and Winnie C. Trimble his wife before John C. Collins, Presiding Justice of County Court. Filed for record June 27, 1862. (FHL film 1,014,503)
J-381: Robert C. Trimble of Scotland Co. MO for $300 paid by James Duncan of city and county of St.Louis, MO, sell personal property, about 9 acres of corn growing, 4 acres of oats growing, 6 acres of timothy and Hungarian grass growing, one harrow, one two-horse diamond plow, one shovel plow, one one horse diamond plow, two bedsteads, one cooking stove and utensils thereto belonging, one cupboard, 17 head of hogs, one mowing scythe, one cradle scythe, one beaureau, one stack of old timothy hay, one cow 5 years old and calf, one loom, two spinning wheels and chicken and garden truck, the growing corn above stated to be well attended until 1 Sept. 1862 by me and the oats and hay growing and stated above to be cut and stacked by me, said crops are on the farm and so is the ballance of the personally property above mentioned this day sold by me to Ubsdell Pierson & Co. which farm is in Scotland Co. MO, to have the desribed personal property to the said James Duncan, his heirs and assigns forever, warrant title. 23 June 1862. /s/ Robert C. Trimble. Ack. 26 June 1862 by Robert c. Trimble before John C. Collins, presiding Justice of Scotland Co. MO County Court. Filed for record June 27, 1862. (FHL film 1,014,503)
J-504/505: 23 March 1863, John Duncan and Elizabeth his wife of Van Buren Co. IA and Joshua Dunkin and Ann his wife of Scotland Co. MO to Charles F. Tracy of City and county of St.Louis, MO, for $2,590.70 paid, sell real estate in Scotland Co. MO, 20 feet off north part of Lot No.7 in Block No.12 in town of Memphis, beg. at NE corner of said lot, then running south 20 feet, then west 120 feet, then north 20 feet, then east 120 feet to the beginning, with appurtenances, warrant title. s/ Joshua Dunkin, Ann Dunkin, John Dunkin, Elizabeth Dunkin. Ack. 24 March 1863 by Joshua Dunkin and Ann Dunkin his wife before John W. McEntyre, Clerk of Circuit Court, Scotland Co. MO. Filed March 23, 1863. Ack. 26 March 1863 by John Dunkin and Elizabeth Dunkin his wife before H. Clay Clinton, Notary Public, Van Buren Co. MO. Filed for record March 27, 1863. (FHL film 1,014,503)
K-243/244: Quit Claim deed, Rented and sold by George Knopp and C?. St. Louis? 11 Feb. 1864, Charles Pierson and Julia F. Pierson of city & county of New York, state of New York, to John A. Websdell? of city and county of New York, State of NY, William Barr, James Duncan and Edward J. Cubbage of city and county of St.Louis, MO, for $30 paid, sell tracts or parcels of ground for $30 paid, release and quit claim tracts or parcels of ground in Scotland Co. MO, the W 1/2 and SE 1/4 of SW 1/4 Sec.23, also E 1/2 of E 1/2 of SE 1/4 Sec.22, also 20 acres being the south end of E 1/2 of NE 1/4 Sec.27 and 40 acres bounded beg. at NE corner of NW 1/4 Sec.26 Twp.64 Range 11W, then running south 26 and 2/3 rods "(20-2/3)", then parallel with section line dividing Sec.23 from 26 West 240 rods, then north 26-2/3 rods, then east along said section line to the beginning, all tracts situate in Twp.64 Range 11W in Scotland Co., being the same property conveyed by Robert C. Trimble and wife to Ubsdell Pierson & Co. by deed 23 June 1862 and recorded in Scotland Co. Book J pages 379 & 380, with appurtenances. /s/ Charles Pierson, Julia F. Pierson. Wit. Edwin F. Covey, Susie Jasson. Ack. 11 Feb. 1864 by Charles Pierson and Julia F. Pierson his wife before Edward F. Covey, Commissioner resident in City of New York. Filed for record March 11, 1864. (FHL film 1,014,503)
K-443/444: Henry Brook and Mary Brook the wife of said Henry Brook of Van Buren Co. IA for $300 paid by Thomas M. Duncan of Scotland Co. MO, sell all that tract or parcel of land in Scotland Co. MO, the SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing 80 acres more or less, with appurtenances, upon the condition the said Henry Brook on 31 March 1864 delivered to said Thomas M. Duncan his promissory notes, March 31, 1864, 12 months after date I promise to pay Thomas M. Duncan $150 with 10% interest from date until paid, /s/ Henry Brook. March 31, 1864, 24 months after date I promise to pay Thomas M. Duncan $150 with 10% interest from date until paid, /s/ Henry Brook. Now if Henry Brook pays the sums of money in said notes and interest that may be due, this shall be void, otherwise remain in full force. 31 March 1864, /s/ Henry Brook, Mary Brook. Ack. 31 March 1864 by Henry Brook and Mary Brook his wife before John B. Armstrong, J.P. of Scotland Co. MO. Filed for record April 8, 1864. (Side note: Real estate herein described this 8th day of October 1866. /s/ Thomas M. Duncan. Wit. C.F. Sanders) (FHL film 1,014,503)
K-523/524: Thomas M. Duncan and Nancy Duncan the wife of said Thomas M. Duncan of Scott Co. MO, for $600 paid by Henry Brook of Van Buren Co. IA, sell tract or parcel of land in Scotland Co. MO, the SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing in all 80 acres more or less, with appurtenances, warrant title. 31 March 1864. /s/ Thomas M. Duncan, Nancy (X) Duncan. Ack. 21 March 1864 by Thomas M. Duncan and Nancy his wife before John B. Armstrong, J.P. of Scotland Co. MO. Filed for record July 30, 1864. (FHL film 1,014,503)
Deeds v. L-M 1865-1866 (FHL film 1,014,504)
L-291/292: 18 July 1865 by John Dunkin and Elizabeth his wife and Joshua Dunkin and Ann his wife, to Charles F. Tracy of city & county of St. Louis, MO, for $400 paid, sell real estate in Scotland Co. MO, 3 feet off south side of Lot No.8 in Block 12 in original town of Memphis in said Scotland Co. MO, commencing at SW corner of said lot, then east 120 feet, then north 3 feet, then west 120 feet, then south 3 feet to the beginning, with appurtenances, warrant title. /s/ John Dunkin, Elizabeth Dunkin, Joshua Dunkin, Ann Dunkin. Ack. 28 July 1865 by John Dunkin and Elizabeth his wife and Joshua Dunkin and Ann his wife before John W. McIntyre, Clerk of Circuit Court of Scotland Co. MO, by John C. Smith, D.C. Filed for record July 29, 1865. (FHL film 1,014,504)
L-300/301: 2 Aug. 1865, Alexander Trimble of Scotland Co. MO to Ubsdall, Barr, Duncan and Company, for $2250 paid, sell tracts or parcels of land in Scotland Co. MO, the S part of NW 1/4 Sec.26 Twp.64 Range 11W containing 134 acres, also W 1/2 of NE 1/4 Sec.26 Twp.64 Range 11W containing 80 acres, also NE 1/4 of NE 1/4 Sec.26 Twp.64 Range 11W containing 40 acres, also the middle portion or part of E 1/2 of NE 1/4 Sec.27 Twp.64 Range 11W containing 46 acres, together with 1/3 of the crops raised therein in 1865, with appurtenances, warrant title. /s/ Alexander Trimble. Wit. G?.S. Van Wagoner, J. Geo. Schwary?. Ack. 2 Aug. 1865 by Alexander Trimble before Garnet S. Van Wagoner, Notary Public, Davies Co. MO. Filed for record Aug. 9, 1865. (FHL film 1,014,504)
L-391/392: 14 March 1857, Isaac Duncan and Elizabeth E. Duncan of Clark Co. MO to William G. Downing of Scotland Co. MO, for $150 paid, sell real estate, NE 1/4 of SW 1/4 Sec.10 Twp.65 Range 12 in Scotland Co. MO containing 40 acres more or less, with appurtenances, warrant title. /s/ Isaac Duncan, Elizabeth E. Duncan. Ack. 14 March 1857 by Isaac Duncan and Elizabeth E. Duncan his wife before David McKee, J.P, Clark Co. MO. Filed for record Oct. 6, 1865. (FHL film 1,014,504)
L-631/632: Quit Claim Deed, 18 July 1865, Charles F. Tracy and Sophia M. his wife of city and county of St.Louis, MO, to John Dunkin and Joshua Dunkin, for $1 paid, release and quit claim real estate in the city and county of Scotland, MO, commencing 17 feet south of NE corner of Lot 7 in Block No.12 of said town of Memphis and then running south 3 feet, then west 1/3? and 20 feet ? north then 3 feet and ?? ... 40 yards to the beginning. /s/ Charles T. Tracy, Sophia M. Tracy. Ack. 17 ?? 1865 by Charles F. Tracy and Sophia M. Tracy wife of said Charles F. Tracy before Joseph S. Papin, Notary Public, St.Louis Co. MO. Filed for record Feb. 7, 1866. (FHL film 1,014,504)
L-632/633: John Dunkin and Elizabeth the wife of said John Dunkin of Scotland Co. MO for $450 paid to said John Dunkin by Joshua Dunkin of Scotland Co. MO, sell to said Joshua Dunkin real estate in Scotland Co. MO, the undivided 1/2 of Lot No.6 Block No.6 in the original town of Memphis, with appurtenances, warrant title. 30 Oct. 1865. /s/ John Dunkin, Elizabeth Dunkin. Ack. 30 Oct. 1865 by John Dunkin and Elizabeth Dunkin before John W. McIntyre, Clerk of Circuit Court, by John C. Smith, D.C. Filed for record Feb. 7, 1866. (FHL film 1,014,504)
M-210/211: 20 March 1866, John A. Ubsdell and Genevieve Ubsdell his wife of city and county of New York, state of NY, to William Barr, James Duncan and Edward J. Cubbage of city and county of St. Louis, MO, for $30 paid, release and quit claim tracts or parcels of land in Scotland Co. MO, the W 1/2 and SE 1/4 of SW 1/4 Sec.23, also E 1/2 of E 1/2 of SE 1/4 of Sec.22, also 20 acres being the south end of the E 1/2 of NE 1/4 Sec.27, and 40 acres beg. at NE corner of NW 1/4 Sec.26 Twp.64 Range 11W, then running south 26-2/3 rods, then parallel with section line dividing Sec. 23 from 26 west 240 rods, then north 26-2/3 rods, then east along said section line to the beginning, all in Twp.64 Range 11W in Scotland Co., with appurtenances. /s/ John A. Ubsdell, Genevieve Ubsdell. Ack. 20 March 1866 by John A. Ubsdell and Genevieve Ubsdell his wife before Francis W. Rawle (Raiole?), Notary Public, St.Louis Co. MO. Filed for record May 9, 1866. (FHL film 1,014,504)
M-211/212: 20 March 1866, John A. Ubsdell and Genevieve Ubsdell his wife of city and county of New York, state of NY, to William Barr, James Duncan and Edward J. Cubbage of city and county of St.Louis, MO, for $30 paid, release and quit claim tracts or parcels of land in Scotland Co. MO, the south part of NW 1/4 Sec.26 Twp.64 Range 11W containing 134 acres, also west 1/2 of NE 1/4 Sec.26 Twp.64 Range 11W containing 40 acres, also middle portion or part of east 1/2 of NE 1/4 Sec.27 Twp.64 Range 11W containing 46 acres, together with 1/3 of crops raised thereon in the year 1865, with appurtenances. /s/ John A. Ubsdell, Genevieve Ubsdell. Ack. 20 March 1866 by John A. Ubsdell and Genevieve Ubsdell his wife before Francis W. Rowle, Notary Public, St.Louis Co. MO. Filed for record May 9, 1866. (FHL film 1,014,504)
Deeds v. N-O 1866-1870; Book O is filed-in forms (FHL film 1,014,505)
N-313/314: 22 March 1867, David B. Cooper and Hannah his wife of Scotland Co. MO to John Dunkin of Scotland Co. MO, for $700 paid, sell tracts or parcels of land, west 1/2 of SE 1/4 NW 1/4 Sec.11 and W 1/2 of SW 1/4 Sec.22 Twp.65 Range 12W in Scotland Co. MO, with appurtenances, warrant title. /s/ D.B. Cooper, Hannah Cooper. Ack. 22 March 1867 by D.B. Cooper and Hannah Cooper his wife before Samuel W. Birch, Notary Public of Scotland Co. MO. Filed for record March 22, 1867. (FHL film 1,014,505)
N-540/541: Jennings B. Duncan and Elizabeth Duncan his wife of Denton Co. TX for $100 paid by Henry M. Durkee and Charles S. Allen of Scotland Co. MO, sell to said Henry M. Durkee and Charles S. Allen real estate, the undivided 1/2 of W 1/2 of SW 1/4 of Sec.22 Twp.66 Range 12, in Scotland Co. MO, containing in all 80 acres more or less, with appurtenances, warrant title. 20 May 1867. /s/ J.B. Duncan, Elizabeth Duncan. Ack. 20 May 1867 by Jennings B. Duncan and Elizabeth Duncan his wife before Otis G. Welch, Notary Public of Denton Co. TX. Filed for record July 24, 1867. (FHL film 1,014,505)
O-28: 12 Sept. 1867, Joshua Dunkin and Ann Dunkin his wife of Scotland Co. MO to John S. Harmon of Scotland Co. MO, for $700 paid, sell all of Lot 6 in Block 6 in the original town of Memphis, with appurtenances, warrant title. /s/ Joshua Dunkin, Ann Dunkin. Ack. 12 Sept. 1867 by Joshua Dunkin and Ann Dunkin his wife before Samuel W. Birch, Notary Public, Scotland Co. MO. Filed for record 27 Sept. 1867. (FHL film 1,014,505)
Deeds v. P-Q 1867-1871 (FHL film 1,014,506)
P-26/27: 11 Oct. 1867, John Dunkin and Elizabeth Dunkin his wife of Scotland Co. MO, to William G. Downing of St.Louis Co. MO, for $500 paid, sell real estate in Scotland Co. MO, the W 1/2 of SW 1/4 Sec.22 Twp.65 Range 12W, with appurtenances, warrant title. /s/ John Dunkin, Elizabeth Dunkin. Ack. 11 Oct. 1867 by John Dunkin and Elizabeth Dunkin before Samuel W. Birch, Notary Public of St.Louis Co. MO. Filed for record Oct. 12, 1867. (FHL film 1,014,506)
"Reports of cases argued and determined in the Supreme Court of the State of Missouri" Vol.XLIX by Truman A. Post ("Missouri Reports"); Vol.49, pgs.116 to 118 (California State Law Library, Sacramento, 1/2004)
J. B. DUNCAN et al., Appellants, v. Allen CROOK, Respondent; Supreme Court of Missouri, St. Louis; 49 Mo. 116; October, 1871, Decided.
Appeal from Scotland Circuit Court.
(MAD: Arguments of Counsel omitted here)
BLISS, JUDGE, delivered the opinion of the court. The plaintiffs seek to recover certain real estate in Scotland county, and claim through the wife of J. B. Duncan, who was formerly Elizabeth Cline. The defendant claims through a sale by David Cline, as curator of the estate of said Elizabeth, and it is conceded that if the sale was good the plaintiffs have no case. The record shows that said David Cline, curator, was the grandfather of said Elizabeth; that he had given the land in controversy to her, by entering it with his own money in her name; that his son, the father of said Elizabeth, was a habitual drunkard, had abandoned his family, and for several years before the sale they had resided with said David Cline, and had no other property than this land; that said David, the grandfather, was appointed curator of the estate of said Elizabeth; that upon petition to the County Court of said Scotland county he was ordered to sell said real estate at private sale for the support and education of his ward, and that he sold the same in pursuance of the order, and paid over the proceeds to the mother for the purpose specified. No objection is made to the proceeding that can be collaterally considered, except the one which goes to the authority of the court to make the order, and the plaintiffs now contend that the statute did not authorize the sale of the minor's estate upon application of its curator.
We have adopted the term "curator" from the civil law, and it is applied to the guardian of the estate of the ward as distinguished from the guardian of his person. Our statute recognizes the father, and after his death the mother, as the natural guardian of both person and estate; but if the minor have independent property, security must be given, and accounting be had in the same manner as though a stranger were appointed, and in appointing strangers the appointment must specify whether it be of the person or of the person and estate. "The guardian of the person, whether natural or legal, shall be entitled to the charge, custody and control of the person of his ward, and the care of his education, support and maintenance; the curator shall have the care and management of the estate of the minor, subject to the superintending control of the court; and the guardian of the person and estate of the minor shall have all the powers and perform all the duties both of a guardian of a person and curator." (Wagn. Stat. 675, Sec. 17.) Section 29 (p. 676) provides that the Probate Court shall order the proper education of minors, and for that purpose, when the personal estate is insufficient, it may order the sale or lease of the real estate. The plaintiffs contend that inasmuch as the natural guardian has the custody of the person and the care of the education of his ward, and as the statute does not directly specify at whose instance the real estate shall be sold, the curator has no right to apply for such sale, or to sell and receive the proceeds, but that the duty devolves upon the guardian of the person.
This claim is without foundation. The guardian of the person may control the education of the minor; may do everything lawful in regard to it that does not involve the expenditure of his estate. And when the court orders his proper education according to his means, such guardian should have the power to decide upon the manner of his education, and direct all the details consistent with the order. But he cannot touch the estate; it is not in his hands or under his control, and an order upon him to dispose of it would be nugatory. The expenses of the child's education, so far as they come out of his estate, must necessarily be provided for by the person who has charge of such estate; and when money is appropriated by the court for that purpose, more than can be met by his personal estate, it must be raised out of the realty; and who can raise it, or who can know of the necessity of so raising it, except the person in charge of such personal and real estate? And so the subsequent sections of the statute consistently speak of the sales as made by the guardian or curator, as the case may be.
The other objections to the sale cannot be considered. The application and order, being made for the word "education," gave the court jurisdiction, and the sale was properly reported and approved by the court. The Circuit Court gave judgment for defendant, and that judgment is affirmed. The other judges concur.
1889 "Biographical Souvenier of State of TX" by F. Battey (FHL book 976.4 D3bs; and from Lucille Mehrkam 10/1984; sketches alphabetical, good index)
Pg.264: Mrs. Martha J. Duncan, native of Scotland Co. MO, daughter of Israel and Elizabeth (Kinder) Cline, the children respectively of David Kline and Jacob Kinder. Mrs. Duncan was reared and educated in MO and came to TX with her parents in 1860. In 1869 she was married to Jennings Duncan; four children: Boone, Jennings, Edna and Mildred. Jennings Duncan, the late husband of Martha J. and father of above children, was always a farmer. In 1861 he enlisted in Confederate army under Capt. Dougherty and served through entire Civil War. Mrs. Duncan, with her children, reside on the home farm. (MAD: no TX county given; see Denton Co. TX per query)
Some early Duncans in Scotland Co. MO:
John Duncan, 10 Jan. 1856, of Clark Co. MO mar. Anna Wickle of Scotland Co. MO; Scotland Co. MO Marriage Book A, 1841-1857 (pg.17, Vol.13, 12/1971, "MO Pioneers," FHL book 977.8 D2h, from Evelyn Sigler and Denzil Mauldin 1984)
Thomas Duncan, 20 Jan. 1901, of Granger, died at home of his dau. Mrs. Sarah Thompson near Granger, burial on 21 Jan. 1901 in the Black Oak Cemetery; from Thurs. 24 Jan. 1901 issue of Memphis "Reveille" of Scotland Co. MO (Vol.3#1 Spring 1983 "MO State Gen. Assn. Journal" FHL book 977.8 D25m, from Dorothy Franks 1989)
Joshua Dunkin, 1853, on petition to incorporate Memphis (pg.85, "A Town Called Memphis" (Scotland Co. MO) by Eugene Dodge, 1974 (Memphis Public Library book 977.8312 D644; FHL book 977.8312/M1 H2d; from Evelyn Sigler 11/1984)
Joshua Dunkin, 1860, one of Methodist Church Trustees (pg.547, "A Town Called Memphis" (Scotland Co. MO) by Eugene Dodge, 1974 (Memphis Public Library book 977.8312 D644; FHL book 977.8312/M1 H2d; from Evelyn Sigler 11/1984) (MAD: one Joshua Dunkin 35 OH indexed 1870 Schuyler Co. MO)
Joshua Dunkin, 1864, paid $200 from County Revenues for Soldiers, in Scotland Co. Court Minutes (pg.297, "A Town Called Memphis" (Scotland Co. MO) by Eugene Dodge, 1974 (Memphis Public Library book 977.8312 D644; FHL book 977.8312/M1 H2d; from Evelyn Sigler 11/1984)
END
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