Duncan research files of
1850 Morrow Co. OH Census
Pg.384, #496, Robert DUNCAN 36 PA farmer
Anna 35 PA
Thomas 16, Frederick 11 OH
Mary J. 9, Jacob P. 7 OH
Lydia A. 4, John 2 OH
Margaret 2 OH
(MAD: 1860 Cedar Co. IA census)
(KDC: Danforth W. Pomeroy mar. Mary E. Duncan 8 July 1856 in Muscatine Co. IA; ? she the dau. of ? Robert Duncan; 1860 Butler Co. OH census)
Pg.391, #603, Anson St.JOHN 50 CT cabinet maker $700
Amanda 36 DC
David 18, James 11 NY
Martha H. DUNCAN 7 OH
Pg.503, #2203, Richard C. WRENN 33 VA brickmaker
Mary M. 29 PA
Adelbut (m) 9, Martha L. 6, Lucinda F. 4 OH
Lucinda HENNINGER 20 OH
Richard DUNCAN 12 OH
(MAD: 1860 Allegan Co. MI census)
1860 Morrow Co. OH Census
Pg.81, #664-654, Amanda St.JOHN 45 VA (blank) $1000-$200
James 20 OH
Marthan DUNCAN (f) 18 OH
Mary 9, Stephen 7 OH
Pg.92, #850-837, John DUNCAN 25 OH farmer $0-$220
Elizabeth 26 OH
(not mar/in/year, no children)
(MAD: 1850 Marion Co. OH census)
1870 Morrow Co. OH Census
Pg.292, #26-24, DUNCAN, Thomas E. 32 OH attorney $6000-$300
Rachel F. 29 OH keeping house
Willie F. 6, Seth C. 4 OH
Carrie L. (f) 1 OH
Pg.306, #250-249, DUNCAN, James 29 OH farm laborer $400-$0
Anna M. 24 OH keeping house
James P. 5, Eunice M. (f) 3 OH
Maggie F. (f) 1 OH
Cardington Village in Cardington Twp.
Pg.313, #70-66, WAGNER, Hanson (m) 31 MD dry goods merchant $3500-$3500
Margaret J. 31 OH keeping house
DUNCAN, James 21 OH clerk in dry goods S.
Pg.317, #154-150, St.JOHN, Amanda G. 56 VA keeping house $1500-$0
St.JOHN, Mollie 18 OH
DUNCAN, Isolinda (f) 8 OH
1880 Morrow Co. OH Soundex
Washington Twp., Vol.48, ED 130, Sheet 5, Line 31, Pg.300A
DUNCAN, James 39 OH (white male)
Anna M. 35 OH wife
James B. 15 OH son
Emma M. 13, Maggie F. 11 OH daus.
Willie D. 9 OH son
Amy A. 7, Mollie M. 4 OH daus.
Morrow Co. OH Deed Indexes; typed
Grantor index, Vol.1, 1848-1877, pgs.93-113 (FHL film 388,692)
20-451: Duncan, T.E. to Dubois, St.John, Sept. 1, 1866, Cardington
21-90: Duncan, T.E. to B.B. Crane, Sept. 1, 1868, Cardington
21-615: Duncan, T.E. to Mary A. Fox, Jan. 6, 1869, inlot 3, Cardington
26-395: Duncan, T.E. to Sarah Grant, July 30, 1873, inlot 39, Cardington
27-494: Duncan, T.E. to Solomon Davis, June 30, 1874, 1.02 acres Cardington
28-126: Duncan, T.E. Guard. to William Hazen, Apr. 20, 1875, 94-1/4 acres Gilead
28-390: "same" to Mary A. Glidden, Dec. 28, 1874, inlot 63, Cardington
Grantee index (A-R) 1848-1877 (FHL film 388,693)
3-26: Duncan, Amanda G. from R.C. Wrenn, Sept. 3, 1849, 1/4 A. Tp.13
28-322: Duncan, James E. from John Beatty, Guard, Jan. 31, 1875, Lot 68 Card.
16-250: Duncan, Thomas from Thomas Lee, Mch. 31, 1863, 7 A, Tp.6
18-631: Duncan, T.E. from Amanda St.John Guardian, Mch. 27, 1866, Lot 3 Card.
18-632: Duncan, T.E. from Amanda St.John Guardian, Mch. 27, 1866, Lot 3 Card.
18-633: Duncan, T.E. from G.G. Hackerdorn, Apr. 2, 1866, Lot 104 Card.
26-378: Duncan, T.E. from Andrew Grant, July 29, 1873, Lot 39 Card.
27-554: Duncan, T.E. from Solomon Davis, June 30, 1874, 2 A. Card.
28-389: Duncan, T.E. from T.P. Glidden, Dec. 28, 1874, Lot 63 Card.
Morrow Co. OH Deeds (SLC 9/12/2012)
Deeds, v.3-4 1850-1852 (FHL film 388,695)
3-26/27: 3 Sept. 1849, Richard C. Wren and Mary M. Wren his wife of Morrow Co. OH for $150 paid by Amanda G. Duncan of afsd, sell premises in Morrow Co. OH, being part of NE 1/4 Sec.9 Twp.13 Range 21 of lands subject to sale at Wooster, OH, and being a part of land that said Richard C. Wrenn purchased of Jonathan Christie, commencing in the centre of the State road leading from Mt. Gilead to Marion at SW corner of a lot of land owned by C.O. Vanhorn, then north along the Vanhorn line ..., to contain 1/4 of an acre, warrant title. /s/ R.C. Wrenn, Mary M. Wrenn (MAD: as spelled). Wit. Jn. A. Wrenn, Lucinda Kenning. They appeared 3 Sept. 1849 before Spangler I. Cromer, J.P. Recorded Jan. 8, 1851. (FHL film 388,695)
Deeds, v.15-16, 1862-1864 (FHL film 388,704)
16-250/251: 31 March 1863, Thomas Lee and Ruth Lee for $150 paid, sell to Thomas G. Duncan the premises in Morrow Co. OH, being part of N 1/2 SE 1/4 (?S 1/2 NE 1/4) Sec.2 Twp.6 R.17, center of the Mansfield Road, J.G. Stewart's west line, ... containing 7 and 127/160 acres, exempt a portion on at Stewart's west line, warrant title. /s/ Thomas Lee, Ruth Lee. Wit. John Andrews, Mary N. Platt? They appeared 31 March 1863 before John Andrews, Notary Public. Recorded April 27, 1864. (FHL film 388,704)
Deeds, v.18, 1865-1866 (FHL film 388,706)
18-631/632: 27 March 1866; that on 15 Nov. 1865, Amanda G. St.John the guardian of Mary Jane St.John and Stephen St.John minors, appointed in the Probate Court a petitioner against her said wards asking to sell real estate belonging to said wards in fee simple, in Morrow Co. OH, Lot No.3 in town of Cardington, and Mary Jane St.John and Stephen St.John were notified of the petition, and on 27 Nov. 1865 the court said Amanda G. St.John should sell the property, and on 5 Jan. 1866 for $975 she sold to Thomas E. Duncan, the highest bidder, and the court examined the sale on 8 Feb. 1866, confirmed the sale. Now Amanda G. St.John as guardian afsd of Mary Jane St.John and Stephen St.John, for $975 paid by Thomas E. Duncan, sell to Thomas E. Duncan their interest, title etc. to above real estate. /s/ 27 March 1866. /s/ A.G. St.John, guardian of Mary J. St.John and Stephen St.John. Wit. S. Brown, Mary Jane St.John. Amanda G. St.John ack. 27 March 1866 before S. Brown, J.P. Recorded May 16, 1866. (FHL film 388,706)
18-632/633: 27 March 1866, Amanda G. St.John of Morrow Co. OH for good causes, especially for $325, release & quit claim to Thomas E. Duncan such right & title I have to land in Morrow Co., being Lot.3 in town of Cardington. /s/ A.J. St.John. Wit. S. Brown, Mary J. St.John. Amanda G. St.John appeared 27 March before S. Brown, J.P. Recorded May 17, 1866. (FHL film 388,706)
18-633/634: 2 April 1866, G.G. Hackerdon and Lucinda S. Hackerdon his wife of Morrow Co. OH for $7,000, sell to Thomas E. Duncan, premises in Morrow Co. OH, being Innlot No.104 in Cook's Addition to the Town of Cardington except a strip of land 18 feet wide off the north end of said lot, warrant title, Lucinda S. Hackerdon releases her dower. /s/ G.G. Hackerdon, L.S. Hackerdon. Wit. S. Brown, J.H. Green. They appeared 2 April 1866 before S. Brown, J.P. (FHL film 388,706)
Deeds, v.19-20 1866-1868 (FHL film 288,707)
20-451: 1 Sept. 1866, Thomas E. Duncan and Rachel F. Duncan his wife for $500 sell to Dubois St.John, J.H. Pennock?, W.N. Marvin, J.W. Maroris?, W.G. Beatty and John Beatty, of same place, premises in Morrow Co. OH, commencing at a point on the east line of Lot No.14 in Cooks addition to town of Cardington (near SE corner), ... to line of lot No.4, then to beginning, Rachel F. Duncan releases her dower. /s/ Thomas E. Duncan, Rachel F. Duncan. Wit. S. Brown, Mary Malcomb. They appeared 1 Sept. 1866 before J. Brown, J.P. Recorded Dec. 18, 1867. (FHL film 288,707)
Deeds, v.21-22 1868-1870 (FHL film 388,708)
21-90: 1 Sept. 1866, Thomas E. Duncan and Rachel F. Duncan his wife of Morrow Co. OH for $600, sell to B.B. Crane premises in Morrow Co. OH commencing at NE corner of Lot No.104 in Cook's addition to town of Cardington, then west to lot No.3 ..., Rachel F. Duncan releases her dower, warrant title. /s/ Thomas E. Duncan, Rachel F. Duncan. Wit. S. Brown, Mary A. Malcumb. They appeared 1 Sept. 1868 before S. Brown, J.P. Recorded Apr. 4, 1868. (MAD: years as given) (FHL film 388,708)
21-615: 6 Jan. 1869, Thomas E. Duncan and Rachel F. Duncan his wife of Morrow Co. OH for $1,250 paid, sell to Mary A. Fox of same place, premises in Morrow Co. OH, being Lot No.3 in Town of Cardington, warrant title. Rachel F. Duncan releases her dower. /s/ Thomas E. Duncan, Rachel F. Duncan. Wit. W?. C. Nichols, Wen?. G. Beatty. They appeared 6 Jan. 1869 before N.C. Nichols J.P. Recorded Jan. 23, 1869. (FHL film 388,708)
"Reports of cases argued and determined in the Supreme Court Commission of Ohio" by E.L. DeWitt, new series Vol.XXVII; Ohio State Reports, Vol.28, pgs.102 to 108 (California State Law Library, Sacramento, 2/2004)
WALTER CONWAY et al. v. THOMAS E. DUNCAN, Adm'r, Etc; Supreme Court of Ohio; 28 Ohio St. 102; December, 1875 (Term).
ERROR to the District Court of Morrow county.
A. K. & F. K. Dunn, with whom was F. Douthitt, for plaintiffs in error:
I. The judgments obtained against the administrators are not conclusive on the plaintiffs in error, and may be inquired into and impeached, because:
1. They were obtained through fraud and collusion of the administrator and his culpable negligence.
2. The plaintiffs in error were not parties or privies to the actions in which the judgments were rendered.
Olds & Dickey, for defendants in error:
1. The judgments can not be impeached in this action.
2. The plaintiffs could have been made new parties by motion. Or have filed petition to vacate the judgment.
3. We claim that the evidence shows that the plaintiffs in error were privies to the judgment. They were present at the trial by their attorney.
4. A wrong reason for a correct judgment is no ground for reversal.
5. Awards of arbitrators are not reviewable for errors of law.
[opinion] WRIGHT, J. Susan Edgel, wife of Thomas Edgel, died seized of a tract of land in Morrow county. She left three children, Frederick Edgel, Christian Edgel, and Mary Edgel. It further appears that before her marriage with Thomas Edgel she had an illegitimate child, who left issue Walter Conway and Catharine Conway, who are now claiming an interest in the estate of Susan Edgel, their grandmother.
Susan Edgel owed no debts, but at her decease her three children, Frederick, Christian, and Mary, set up claims against her estate for services, work and labor, done upon the farm owned by their mother, where they all lived. Frederick claimed for thirteen years and three months the sum of $3,312.50; Christian and Mary claimed other, but less amounts.
Thomas G. Duncan, at the instance, as it appears, of Frederick and Christian Edgel, was appointed administrator of Susan Edgel, and to him, as such administrator, the claims of the three children were presented for allowance, and rejected. Thereupon arbitrators were appointed, and the claims were submitted to them, and Frederick's was allowed to the extent of $2,500, Christian's to the extent of $406, and Mary's to the extent of $525. Judgments were entered upon these awards in the Court of Common Pleas of Morrow county.
The administrator, Thomas G. Duncan, then filed a petition in the Court of Common Pleas of Morrow county, stating that Frederick, Christian, and Mary Edgel had obtained these judgments; that there was no personal estate, and asked for the sale of the real estate of Susan Edgel, which was the farm named, subject to the life estate of her husband, Thomas Edgel. To this petition the administrator made the Edgel children parties, and also Walter and Catharine Conway, Catharine being a minor.
Walter and Catharine Conway file answers and crosspetition, in which they deny any valid indebtedness against the estate of Susan Edgel. They charge that Frederick Edgel combined with the administrator, Duncan, to set up these claims, which were entirely fraudulent, the purpose being to sell the estate upon them, the Edgel children intending to buy in and divide it, so as to exclude the Conways from all interest therein. They charge that the plan of referring the claims to arbitration was conceived and carried out in fraud; that the administrator refused to make any defense, or to allow any to be made, although he was informed that the claims were unjust and fraudulent, and without foundation in law or fact, and that a successful defense could be made. They further aver that the Edgel children lived on the farm with their mother, as members of the family, and not as hired persons, and had their homes, living, and support with their father, from the products of said land; that they never rendered any services, under any contract or agreement, for wages, and that decedent was in no way indebted to them.
These cross-petitions then ask that the administrator and the Edgels may be enjoined from enforcing, or attempting to enforce, these judgments against the land or the cross-petitioners, and for general relief.
The cross-petitions are not responded to by Christian nor Mary Edgel, nor by Thomas Edgel, the father. Duncan, the administrator, answers, denying fraud, and Frederick Edgel answers to the same purpose.
The case having been appealed to the district court, and there tried, that court ordered the property to be sold, and made a special finding, as follows:
"On consideration whereof, and the court being fully advised in the premises, do find, as a separate finding of the law in this cause, that as the said judgments named in plaintiff's petition are unsatisfied, unreversed, and in full force, that the parties in this cause are precluded from impeaching them, or either of them, for fraud or conspiracy, and that they are conclusive evidence of the indebtedness of the estate as far as this case is concerned."
If it be true that these judgments, so entered upon the awards of the arbitrators, can not be impeached for fraud, and if they are conclusive evidence of the indebtedness of the estate, then the district court was right, and its judgment must be affirmed.
That a judgment can be impeached for fraud, we suppose to be a settled question. As is said in Swihart v. Shaum, 24 Ohio St. 432, the conclusiveness of the judgment depends upon the absence of fraud or collusion; and it is competent for the party injured to resort to a court of chancery for relief against such fraud or collusion. These parties, therefore, Walter and Catharine Conway, might have filed an original bill in chancery, and, by injunction, restrained the administrator from proceeding to sell the land, on the ground that the alleged debts and judgments upon them were fraudulent, and were obtained without the fault or negligence of the parties complainant. What would be good ground for such a bill in equity is good ground for a civil action under the code.
In Bank of Wooster v. Stevens it is held that a judgment may be set aside upon cross-bill in a proceeding to enforce it.
We suppose, therefore, that in an action under the code to enforce a judgment, a cross-petition may be filed, and the judgment attacked for fraud, in the same way that it might be by an original proceeding for that purpose.
The conclusiveness of judgments in general applies to those who are parties and privies to it, and it is claimed that the Conways were neither, so far as regards the proceedings before the arbitrators and the judgments thereon. Whether they were or not, those judgments can be impeached for fraud, under proper circumstances, in the one case as well as the other.
There may perhaps be the difference that if the party was cognizant of the fraud, and failed to set it up in trial, he may be precluded from so doing after judgment, while one not a party or privy could have had no opportunity of making such defense.
The district court held that these judgments could not be impeached for fraud even, and held them to be conclusive evidence of indebtedness, even against the cross-petitions of the Conways. This would seem to have foreclosed any examination of the questions which the Conways sought to raise. This proceeding to sell was a statutory proceeding, and the code provides (sec. 604) that it shall not affect "proceedings under the statutes for the settlement of the estates of deceased persons," and under this language it may have been thought that a cross-petition, which is a pleading under the code, could not be filed, whatever it might contain. But the same section of the code also provides that "such proceedings may be prosecuted under the code whenever it is applicable."
The parties themselves seem to have voluntarily adopted the code in their form of proceedings. The petition of the administrator to sell is a petition as if under the code, with a proper verification. So of the various answers and cross-petitions; and we think that there is sufficient authority of law for filing the cross-petitions, and proceeding as was done. The code is to be liberally construed, and one of its leading ideas is to settle in one litigation all questions pertaining to that litigation. It would be contrary to its policy to turn a party away from a pending suit, compelling him to seek by another action relief which might as well be had in the existing cause.
We, therefore, hold that these judgments may, in a proper case, be impeached, as it was sought to do, in the court below, and the district court erred in holding that they were conclusive evidence of indebtedness.
The circumstances detailed in the record certainly indicated fraud, so far at least as that the court below should have examined into the question, without summarily disposing of it by a finding of law that the judgment could not be attacked at all. Without going into the testimony at length, it is sufficient to note some points which are suggestive upon the matter of unfair dealing.
If the Conways were the descendants of an illegitimate child of Susan Edgel, it is not probable that Frederick Edgel and his brother and sister would desire that any share of their mother's estate should go to those who were living testimonials of her disgrace. There does not appear to have been any particular connection or intimacy between the two branches of the family. The Edgel children always lived at home with their parents, and would naturally regard as intruders the Conways, who do not appear to have manifested any interest in their grandmother, other than to claim a share of her estate at her decease.
It is, therefore, not difficult to find a strong motive in the weakness of human nature inspiring Frederick to undertake the management of affairs for the sole use and behoof of his own family. He has an administrator appointed, and then himself presents a claim of $3,312.50 for labor performed during a period of more than thirteen years. If Frederick was really working for hire, as he had no resources but his hands for a livelihood, it seems strange that he should have waited thirteen years before asking for a dollar of pay. The statute of limitations would have cut down the claim more than one-half, but it did not seem to be taken into the account.
The effort was to prove a contract with the mother for hire when the father was in possession of the property by virtue of his life estate, enjoying its profits, and he would seem to have been the party with whom to contract for the labor that produced those profits.
There was also evidence tending to show that counsel for the Conways endeavored to make appearance before the arbitrators and contest their claims, but, being overruled by the administrator, retired from further active participation in the matter. The counsel who appeared against the administrator to obtain judgments before the arbitrators now appears for him in this action.
We do not now say that these circumstances, and perhaps others looking in the same direction, establish the fraud charged, but we do say that they make such a showing as in fairness would justify an investigation. But this investigation was refused by the court below; the finding of law was that the judgments could not be impeached for fraud, but were conclusive, and this, we think, was error, and the judgment of the district court will be reversed and cause remanded.
Pension Index Card File, alphabetical; of the Veterans Administrative Contact and Administration Services, Admin. Operations Services, 1861-1934; Duff to A-J Duncan (negative FHL film 540,888, some cards very faint); Joseph Duncan to Dunn (positive FHL film 540,889, some cards very dark)
Cataloged under Civil War, 1861-1865, pensions, indexes; does not say if Confederate or Federal, but probably Federal. Negative film, some cards much too faint or dark to read, some cards blurred or faded, particularly the service unit and the dates of application. Most of the very faint or dark cards were in a slightly different format, with space for years enlisted and discharged which were sometimes filled in. Many of these were for service in later years, although one or two were for service ca 1866.
Name of soldier, alias, name of dependent widow or minor, service (military unit or units), date of filing, class (invalid or widow or minor or other), Application #, Certificate #, state from which filed (sometimes blank), attorney (sometimes blank, MAD: did not usually copy), remarks. Sometimes the "Invalid" or "Widow" class had an "s" added to it before the application #; occasionally the area for the service information included a circled "S". The minor's name was frequently that of the guardian rather than the minor.
The military unit was frequently the Company Letter, the Regiment Number, sometimes US Vet Vol Inf. (US Veteran Volunteer Infantry), L.A. (Light Artillery), H.A. (Heavy Artillery), US C Inf (US Colored? Infantry), Cav. (Cavalry), Mil. Guards, V.R.C. (?Volunteer Reserve Corps?), etc. Sometimes there were several service units given.
Cards appear to be arranged by the last name, first name, middle initial if any, and state (including "US") of service.
Duncan, James, widow Duncan, Anna M.; I 3 Ohio Inf.; 1889 April 27, Invalid Appl. #701548, Cert. #795543, Ohio; 1920? July 30, Widow Appl. #1191877, Cert. #918477, Ohio. (MAD: 1880 Morrow Co. OH)
"The Ohio hundred year book : a hand-book of the public men and public institutions of Ohio, from the formation of the Northwest Territory (1787) to July 1, 1901" by Elliot Howard Gilkey; pub. Columbus: F.J. Heer, state printer, 1901, 779 pgs. (LH7211, HeritageQuest images 5/2007; FHL book 977.1 H2gi and film 982,320 item 2)
Pg.258: Alphabetical list of members of the General Assembly: Name, Residence, Term of Service:
Duncan, Thomas E., Morrow County, House, 1874-1877
Pg.560: Judges of the Court of Common Pleas, 1851-1901: Sixth District. Duncan, Thomas E., residence Mt. Gilead, April 1882 to October 1882; resigned September 1876 (MAD: sic); same, residence same, February, 1892 to February, 1899. (MAD: Mount Gilead, Morrow Co. OH)
"Ohio centennial anniversary celebration at Chillicothe, May 20-21, 1903 : under the auspices of the Ohio State Archaeological and Historical Society : complete proceedings" by J. Haskell; pub. unknown: The Society,, 1903, 761 pgs. (LH7132, HeritageQuest images 5/2007; FHL film 941,310 item 1 and 934,872 item 3)
Pg.366: Ohio Judiciary: Duncan, Thomas E., Sixth District, Mt. Gilead, April, 1882, to October, 1882; February, 1892, to February, 1899. (MAD: Mount Gilead, Morrow Co. OH)
"History of the Republican Party in Ohio" (anonymous); pub. Chicago: Lewis Pub. Co., 1898, 1579 pgs. (LH7162, HeritageQuest images 4/2007)
"History of the Republican Party in Ohio, edited by Joseph P. Smith, and Memoirs of its Representative Supporters in Two Imperial Quarto Volumes" (from title page of book)
Vol.II, pg.443-444: JUDGE THOMAS E. DUNCAN - The prestige attained by a man in political, business or professional life ... The bar of Ohio received a valuable acquisition when Judge Duncan was admitted as an attorney at law, and for thirty-five years this gentleman has held a distinctly prominent place among the legal practitioners of the Buckeye state, as well as being a conspicuous factor in the political arena as a stanch supporter of the Republican party. The Judge's identification with the legal fraternity dates from 1863, when he was admitted to practice, being at that time the youngest member of the Ohio bar, ... In 1868 he was nominated and elected to the office of prosecuting attorney, and was re-elected in 1870. In 1873 he was chosen by his party to represent his district in the Ohio general assembly, and was returned in 1875. ... In 1881 he was appointed one of the directors of the Ohio penitentiary by Governor Foster, in 1882 he was chosen judge of the common-pleas court for the sixth district, second subdivision, and in 1884 he was a delegate to the national convention that nominated Blaine in Chicago, ... In 1893 Judge Duncan was again elected judge of the court of common pleas, ... and in this official capacity he represented the counties of Morrow, Richland and Ashland. ... The two sons of Judge Duncan, William and Seth C., are, like their father, uncompromising Republicans and have been valuable contributors to the success and welfare of their party in Morris county. William was graduated at the Cincinnati Law School in 1890, and in the same year moved to Findlay, Hancock county, where he engaged in practice and was elected city attorney, being at the present time chairman of the county executive committee. Seth C., who also graduated at the Cincinnati Law School, is a rising young attorney, an energetic Republican and in 1896 was chairman of the Republican central committee of Morris county. William Duncan, father of our subject, was a strong partisan and local leader in the ranks of the Whig party, and later joined the Republican party upon its formation, ... He was accidentally killed by a falling tree in 1876. The following six sons were born to him: Thomas, William, John, James, George, and Andrew, all of whom are living and give their united support to the Republican party. Andrew, James and George were participants in the war of the Rebellion. (MAD: nothing said about the wives of any of the men.) (MAD: "Morris" county as given, but it should be Morrow Co.)
"History of Morrow County and Ohio : containing a brief history of the state of Ohio from its earliest settlement to the present time, embracing its topography, geological, physical and climatic features, its agricultural, stock-growing, railroad interests, etc. : a history of Morrow County, giving an account of its aboriginal inhabitants, early settlement by the whites, pioneer incidents, its growth, its improvements, organization of the county, its judicial and political history, its business and industries, churches, schools, etc. : biographical sketches, portraits of some of the early settlers and prominent men, etc., etc." (anonymous); pub. Chicago: O.L. Baskin, 1880, 813 pgs. (LH9707, HeritageQuest images 4/2007; FHL book 977.1516 H2h and film 824,492 item 1 and 1,000,334 item 3)
Pg.529: THOMAS E. DUNCAN, lawyer; Mt. Gilead; was born in Holmes Co., Ohio, Nov. 21, 1837; the son of William and Fannie (Elliott) Duncan. Until he was 20 years of age, Mr. Duncan worked upon his father's farm, laying the foundation of his education in the winter months at the district school. At this time he entered the Ohio Wesleyan University, where he studied some three years, leaving school at the end of that time to enter the law office of Messrs. Bancroft & Vorhes, of Millersburg, Ohio, as a student; in 1862, he was admitted to the bar at Columbus, and in the same year came to Morrow Co., opening an office at Cardington; twelve years later, he came to Mt. Gilead, where he has continued the practice of his profession ever since; he was elected Prosecuting Attorney in 1868, and re-elected in 1870; three years later he was elected to the Legislature from Morrow Co., and was returned for a second term in 1875; in the spring he was elected to a place in the Village Council of Mt. Gilead. In April, 1880, Governor Foster honored him with the appointment of Director of the Ohio Penitentiary. In all the public positions which Mr. Duncan has been called to fill, he has at all times shown himself to be possessed of marked ability, and has discharged the duties of his various offices with credit to himself and satisfaction to his constituents. In addition to the business ... he was for six and a half years a partner with the firm of Duncan Bros., hardware dealers, in Cardington, and is now a Director of the Cardington Banking Company, having been one of the originators of that enterprise. He was married to Rachel, daughter of Major John Frew, May 14, 1862; their union has been blessed by seven children, of whom six are yet living.
Pg.608-609: NOAH MELICK, farmer; P.O. Sparta; Mr. Melick was born May 12, 1831, in Knox Co. His father, Jonas, was born about 1788, in Green Co., PA, and emigrated to Knox Co. early, and there married Nancy Rose, by whom he had Aaron, Drusilla, Greenbury, Eleanor and Caroline. His wife died, and he again married; this time to Sallie Duncan; by her he had Emeline, John, Noah, Harrison and Mary J. His last wife died about 1836 or 1837. The father married a third time, and had Jefferson, Madison, James and Rebecca, and two died unnamed. The third wife died, and he married for the fourth time. Aug. 22, 1871, the father expired. He was a member of the Disciples' church; he was a Whit, Republican and captain of militia. Mr. Noah Melick ... was married Aug. 22, 1853, to Margaret, daughter of John and Naomi (Creg) Bricker. ...
"Civil War Diary, 1861-1865" by John A. Duncan; 16 pages 5-1/2" x 8" (copy from Charles A. Duncan 10/1993; MAD's extract of genealogical data only)
Diary of My Life; John A. Duncan, Company I, Third Ohio Volunteer Infantry. To My Wife and Children.
The Author of this sketch was born in Summit Co. OH February 27th 1836 in a log cabin built by my father, on a tract of land owned by my grandfather, on a road running from Brandywine to Northfield. My father died when I was seven years old. In the year 1845, I moved with my mother, two brothers and one sister, to Mt. Gilead, Morrow Co. OH. Lived with my mother in Mt. Gilead two years. Then my mother placed me in a family on a farm by the name of Mickey, on the road between Mt. Gilead and Iberia. Lived there two years. From there I was placed in the home of Mr. Matthew McKinstry, four miles west of Iberia, to stay until I was 21 years old. I remained with Mr. McKinstry until my time was out, working on the farm, attending the country district school from two to three months during the winters. During that time I got my clothes, and at the expiration of my time I received $150.
In the spring of 1857 I started out for myself, going to Alligan Co. MI where my Grandfather Duncan lived. I stayed there about a month, and then started for IL. Arrived at Thomas McKinstry's, an old acquaintance. In a few days went to work for a farmer by the name of Huste McKinstry to herd cattle. Worked one month. Then hired out to his brother, John, for the summer. That winter drove team for a man by the name of Carruthers.
In the spring of '58 hired to a man by the name of Steve Carruthers, in Delevan, to drive team and work on farm. In the winter of '58, in company with Archie Brownlee, an old schoolmate, I started for our old home in Ohio, (where I) visited around during the winter.
In the spring of '59 went to work again for my old boss, Matthew McKinstry. In the spring of 1860 I was married to Miss Elisabeth Welborne, and moved on a farm owned by an old Quaker by the name of Robert Mosier, one and one-half miles east of Cardington, OH.
In the winter of 1860 I moved to Cardington, and I and my brother James engaged in wood-chopping. During the latter part of the winter I made up my mind that I would emigrate to IL in the spring. I went to the wagon-maker's, George Cunningham by name, and ordered a wagon made especially for the trip. Also ordered a set of harness. About the 1st of April, '61, the War Clouds began to gather. Everybody in our town began to talk War. About the 12th, our Banker, John Beatty (as soon as the President called for 75,000 troops to defend our country) began to call for volunteers, himself heading the list. At that time I was living in part of my mother's house. I and my brother James (he was making his home with me at the time) came home to dinner. I told my Wife and Mother that John Beatty was raising a Company to go to War. My Wife and Mother says, "Is it possible we are to have War?" After dinner, James and I went down town. Soon the fife began to play and the drum began to beat. It made me feel terrible. I went up home again. Mother says, "What is the matter?" I told her all the boys in town were enlisting and I thought I ought to. Wife says, "Oh!" she says, "Don't go!" "How can we get along without you?" she says. "You have ordered your wagon and harness". "Oh!" I says, "I can sell them again", I says. "What if I stay, and then I am drafted? I never could stand that". "Yes," they say, "that is true. We wouldn't want to see you drafted". After we (had) talked a while I went back down town. The boys gathered around me. "John, are you going?" I told them I didn't see how I could. No one to take care of Wife and Mother. The Business Men came to me and told me if I would enlist, they would see that my wife was cared for. I went back home and told the folks what the Citizens (had) told me. They had a good cry over it, and then my Wife and Mother, said, "John, if you feel it is your duty to enlist we will not oppose it". The next morning I went up to McKinstry's to see if he would take care of my stock while I was gone. He says, "Where are you going?" I told him I thought of enlisting in the Army. He says, "Yes". I says, "All right, I will enroll my name tonight, and bring the stock tomorrow. That night I enlisted, thinking that it would only last a few weeks at most.
On the 15th of April, I bid good bye to Wife, Mother and Sisters, and boarded the train for Columbus ...
April 14th  ... reached Fayetville ... At this time our Regiment rested on the Maxville and Perryville road ... the enemy poured a destructive fire at us ... Thus ended the Battle of Perryville. But, Oh! at what a sacrifice. Capt. Cunard of my company, Lieut. James St.John (my step-brother) of my company, Private Al. Fisher, Charlie Merrill, George Merrill, and many more that I cannot recall their names. General Lytle and all of his Staff wounded, many eyes were in tears and many hearts were bleeding for lost comrades and friends. ...
We arrived at Camp Dennison on the 26th of June, were paid off and discharged June 27, 1864. Our Company took cars for Cardington, OH, arriving there in the evening, having served 38 months.
Note by Charles A. Duncan: Elizabeth Welbourne Duncan died March 18, 1864 of childbirth. John moved to Illinois and married Harried Hammond October 15, 1865. He died December 22, 1928 in Clinton, DeWitt Co. Illinois.
Some early Duncans in Morrow Co. OH:
Robert Duncan, Aug. 1849, died age 18y of brain infl, b.PA (from 1850 Mortality Schedule)
Amanda Duncan, 14 April 1850, mar. Anson St.John. (Charles A. Duncan info: she the widow of Alonzo M. Duncan, in 1840 Summit Co. OH census)
Elizabeth Duncan, 1864, wife of J.A. Duncan, died age 29, bur. Cardington Cemetery (pg.161, Vol.XIII, 1972, "Ohio the Crossroads of Our Nation - Records and Pioneer Families" from Evelyn Sigler 12/1983). Alan Adrianson info: Elizabeth W. Duncan, wife of John A. Duncan, d. March 18, 1864, age 29y 8m 1d and infant son died March 12, 1864, age 16d.
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