Duncan research files of
Edgefield Co. SC General Index to Probate Court Records 1785-1957 (loose papers) (FHL film 162,236)
Duncan, Frances, ex. Joseph J. Sturke, box 106, packet 4314
Duncan, Charles, admr. Rebecca, box 107, packet 4338 (also box 160)
(apparently in the 1900's; boxes on FHL film only to box 90)
Edgefield Co. SC Index to Wills (FHL film 23,870)
F-382: Charles Duncan, exec. Rebecca; probate 3 Jan. 1880
(Will Book F not on film)
Edgefield Co. SC Inventories, Appraisements, Sales
1800-1802, Record Book A - no Duncan (FHL film 23,952)
1803-1807; 1807-1813; 1814-1815 - no Duncan (FHL film 23,953)
1816-1819 - no Duncan (FHL film 23,954)
1820-1826 - no index
1827-1832 - no index (FHL film 23,955)
1832-1836 - no Duncan
1836-1839 - no index
1839-1845 - no Duncan (FHL film 23,956)
1844-1845 - no Duncan (FHL film 23,957)
1847-1851 - no Duncan (FHL film 23,958)
1851-1854 - "D" index page not filmed
1852-1855 - no Duncan (FHL film 23,959)
1855-1857 - no index
1858-1866 - no index (FHL film 23,960)
Edgefield Co. SC Letters of Administration 1839-1849; 1849-1862 (FHL film 23,969)
Edgefield Co. SC Admin. & Guardians Bonds, 1838-1868, Court of Ordinary (FHL film 23,968)
Bonds 1838-1850 - no Duncan
Bonds 1850-1862 - no Duncan
Bonds 1853-1868 - no Duncan
Edgefield Co. SC Equity Court, Index to Loose Papers (suits) (FHL film 23,895)
No Duncan in direct index or cross-index
Edgefield Co. SC Court of Equity Minutes
Minutes 1815-1826 - no Duncan (FHL film 23,972)
Minutes 1823-1833 - no index
Minutes 1834-1844 - no Duncan (FHL film 23,973)
Minutes 1844-1849 - no Duncan
Edgefield Co. SC Court of Equity, Bills & Petitions, 1849-1858 (cataloged under public records) (FHL film 23,976)
Edgefield Co. SC Court of Ordinary, 1825-1839; incl. summons in partition, etc. (FHL film 23,974)
Edgefield Co. SC Probate Court Minutes 1840-1875, incl. index, incl. minutes, Court of Ordinary records, etc. (FHL film 23,975)
Edgefield Co. SC County Coroner Inquisition Books 1844-1868 (FHL film 23,983)
1844-1850 - no index; quit
Edgefield Co. SC Probate Packets
Box 40, pack 1599: John Jackson, Filed 26 Feb. 1789; file consists of original will, no other documents (FHL film 162,258) (MAD: Recorded Will Book A, pg.67, June 1794; from pg.59-60, vol.1, "Edgefield Co. SC Old Wills, Book A-B, 1787-1818" by Frances T. Ingmire; FHL book 975.737 P2f)
Will of John Jackson of 96 Dist. SC, 26 Feb. 1787; to my son Henry Jackson £5; to son Drewry Jackson £5, lend my dau. Abigalt Duncomb (MAD: sic) negro girl Dice for life and then Dice and her increase to said Agibalt Duncombs children to be equally divided between Elizabeth Duncomb, James Duncomb, Jennett Duncomb, John Duncomb, Wiley Duncomb and Ailsey Duncomb; to my son James Jackson negro woman Diner and negro boy Will; to my dau. Ailsay Cimbrall £1; lend to dau. Ann Miller negro girl Silva for life and then negro girl Silva and her increase to the children of Ann Miller to be equally divided between Edmond Langford, Elizabeth Langford and Nancy Miller; to my son John Jackson negro man Fed and negro girl Lile; to my son Green Jackson negro lad Cuffee and negro girl Sall and also the land and plantation whereon I now live of 100 acres more or less and all my stock and furniture etc.; that James Jackson, John Jackson and Green Jackson pay in equal proportion the £11 given my three children in cash; appoint my two sons James Jackson and Green Jackson execs, revoking all other wills; /s/ John (X) Jackson; wit. John Bostisk, Thomas Forquhor, Thos. Anderson. (MAD: Abigail mar. bef. 1775 if 6 ch. born by 1787; could this be the widow of John Duncan of Warren Co. NC? That John's orphan sons Willie and James Duncan, b. April 1775, were bound out in Feb. 1783 to William Holliman. See 1823 will of James Jackson in Perry Co. AL naming sister Abigail Duncan)
Box 11, pack 384: Jonathan Glanton, will, L.G. Dawson exor, filed Feb. 14, 1829. (FHL film 162,243)
Will of Jonathan Glanton of Edgefield Dist. SC, in good health; to my wife Elizabeth Glanton all my estate during her life or widowhood under the condition that each of my children shall be decently raised and properly educated, and after they are grown or married, she to give each of them $200 in money or property if she can spare it. I also desire my wife Elizabeth to lend one negro to each child as they marry or come of age in like manner as I have done to Lemuel G. Dawson and Thomas A. Stron. At the division of my estate all negroes and their increase thus loaned to be returned and added to the rest of my estate and be subject to the same division as the rest of my property, except the bequests of $200 each., which will make the legacees equal to what I have already given to my sons in law Lemuel G. Dawson and Thomas A. Stron. After the death of my wife or when my youngest child becomes of age or marries, then an equal division of all my estate be made among my children, excepting the wife of Thomas A. Strom? and that moiety to go to his wife and children yearly for their support at the discretion of my executors, but if Thomas A. Strom dies then his widow to have an equivalent to my other children to be enjoyed in her own right. Appoint Lemuel G. Dawson, John H. Glanton and Dempsey R?. Glanton execs. (no day and month) 1823. Wit. Thomas W. Morton, Edward Settle, J.M. Lyon. Proved 21 Nov. 1825, Lemuel G. Dawson qualified as exec. March 7, 1828, Denny R. Glanton was this day duly qualified as an exor to the within. Recorded Book B? page 289 and 290.
Accounts of the estate, with Dewcy? Glanton Exr., payment Oct. 7, 1831, to James Duncan, $197.50; ditto, to James Duncan, $627.50; total $825.00; due the Exr. from No. 2, $174.76-1/2, total $999.76-3/4. Dec. 26, 1829, pd. Thos. A. Stison, $23.44. Account, 1831, paid James Duncan $489.00; paid Nancy S. Slyrom? $18.00; paid Martha C. Glanton by way of expenses in removing her self and property to the State of GA, say 160 miles. ... Account, paid 1832, Feb. 19, Nancy S. Styrods order $25.50; Nov. 11, 1833, paid F.H. Wardlaw ($15., paid ..., filed on oath of Demcy R. Glanton Exor, 18 Nov. 1833.
Accounts estate of Jonathan Glanton Decd, with L.G. Dawson Exec, Feb. 1829, for removing two children Jonathan and Wm. Glanton from Edgefield Dist. to Upson Co. GA, 160 miles, incl. traveling expenses; cash paid Wm. Milton for his dressing of Susan Bennete, boarding of Jonathan and Wm. Glanton eleven months; Oct. 1829, removing Susan and Sarah Glanton from Edgefield Dist. to Upson Co. GA, 160 miles; five months board of Sarah Glanton. March 1830, Twelve days service of self on horse? and other expenses, incl. cash paid James Shiphere for sundry articles for Susan Glanton, cash paid Dr. R. Washington for medical service, cash paid Nancy S. Slyron. Statement 15 March 1830.
Accounts, April 9, 1835, paid D.R. Glanton in full for the distributive shares of Sarah Glanton, a minor, $383.00 Paid James Duncan in part of his share of said estate, $68.29. Nov. 20, 1831, paid James Duncan in full, $440.00. Statement 8 June 1842.
Accounts, Dec. 30, 1828, paid Stephen White; Jan. 10, 1829, paid Joseph Smith; March 4, paid Thomas Styron, March 2, paid John Bolger's account, ... paid other accounts; statement 23 Dec. 1829.
Box 8, pack 265, estate of Daniel Cotney, decd, recorded Jan. 31, 1839. (FHL film 162,242)
Accounts paid 10 Sept. 1838, letters of administration, other amounts to various; /s/ Charles (G his mark) Dunkin, filed 7 Feb. 1840. Sale bill, 27 Sept. 1838, sold to many people, Charles Dunkin bought a few items; settlement mentioned widow's thirds, six distributees shares, no names; did not see John H. Duncan name. (DAR Abstracts refer to Box 7, letters granted Charles Duncan 21 Aug. 1838; bond signed by Charles Duncan, John Rinehart, Hasten Jennings, 10 Sept. 1838. John H. Duncan, a legatee.)
Edgefield Co. SC Probate Records
(Apt.) Box 51, (file) Pkg. 2147. Estate of James Whittle, decd; Joseph Whittle, Admin. (FHL film 162,264)
Petition of Lucretia (X) Whittle and Joseph Whittle, Feb. 12, 1844, witness F. H. Wardlow; that James Whittle late of Edgefield Dist. died on 7 Feb. 1844 without a will, leaving as his next of kin & heirs at law, a widow, your petitionery Lucretia, and twelve sons and daughters, namely your petitioner Joseph, and William, Willis, Elijah, James, John, Mastin, Ira, Mary wife of Richard Dunkin, Matilda wife of John Story, Elizabeth wife of Russel Padget, and Effie wife of Jacob Certain, and the children of Reuben a predeceased son; that the intestate was possessed at his death of personalty of above the value of $5,000; petitioners pray they may receive a grant of the admin. of goods and chattels and credits of said James Whittle decd. (frame 15)
List of notes returned by Joseph Whittle admr. of estate of James Whittle decd, 26 March 1844 ... (frame 15)
Account current, 6 Jan. 1845, with Joseph Whittle & Lucretia Whittle Administrators; payments Feb. 26, 1844 to various court costs and for costs of sale, to Dec. 28; received on note of Zachariah Miles amount due estate, and received of Ezekiel Padgett small amount; the account current examined and sworn to 6 Jan. 1845, /s/ Joseph Whittle. (frame 4)
Account current, filed 8 Jan. 1846, Lucretia Whitten, Amrx. Payments Dec. 24, 1844 Elijah Whittle by hand of James Whittle, part of his legacy. Dec. 7, 1844, paid Irw?. Whittle by hand of Felix E. Beau, part of his legacy. Decr. 28, 1844, paid Russel Padgett & wife Eliza part of their distributive share. Jan. 30, 1845, paid Willis Whitten part of legacy; Jan. 1, 1845, paid John Whittle part of his legacy; Jan. 15, 1845, paid Richard & Mary Dunkin part of legacy; Jan. 5, 1845, paid Richard & Mary Dunkin part of legacy; Jan. 4, 1845, paid Lawson Ryorden for carrying chain, same to Wilbert Cambo; Jan. 1, 1845, paid John & Matilan? Strorw? part of their legacy; Jan. 4, 1845, paid Ambrose Whittle as appraiser; Jan. 6, 1845, paid John Hite J.E.D. Recovering Estate; ... Jan. 24, 1845, paid Elijah Whittle part of legacy; Feb. 1, 1845, paid John Storw? & Matilan? his wife part of their legacy; Feb. 1, 1845, paid Irw?. Whittle in part of his legacy; Feb. 6, 1845 & Feb. 21, 1845, paid Russel Padgett & wife Eliza. part of their distributive share; Sept. 8, 1845, paid James Whittle by power of attorney for Jacob Sartin & wife Effie in part of their distributive share; Sept. 9, 1845, paid James Whittle by power of attorney for Jacob Sartin & wife Effie part of their legacy; Oct. 8, 1845, paid Willis Whittle part of legacy; Nov. 14, 1845, paid James Whittle by power of attorney for William Whittle part of his legacy; July 2, 1845, paid Lucretia Whittle administratrix in part of her distributive share; July 4, paid James Whittle by power of attorney for William Whittle legatee part of his legacy; ... (paid various accounts). (frame 3)
Distribution of the estate of James Whittle decd (settlement), 8 Jan. 1846; Amount to be divided among the children, there being 13 children; each child's account set forth separately as to advancements and final amount due: Willis Whittle, Elijah Whittle, James Whittle, John Whittle, Joseph Whittle, Ira Whittle (plain), Matilda Storea (Stoned?), Mary Dunkin, Elizabeth Padgett, William Whittle, Mastin Whittle, Rheubin Whittle ... due the children of Rheuben Whittle decd, Effa Sertan. (frame 6 & 7)
Account current, 1 Feb. 1847, with Lucretia Whittle & Joseph Whittle Admrs. Payments Jan. 9, 1846, to Joseph Whittle in full of his legacy; to James Whittle attorney of William Whittle in full of his legacy; to James Whittle attorney of Effa Sartin in full of her legacy; to Lucretia Whittle part of her legacy; to Elijah Whittle, John Story?, Russel Padgett, Richard Dunkin, Willis Whittle, Mastin Whittle, John Whittle, Ira? (Irw.?) Whittle, each in full of their share; Oct. 4, 1846, paid Lucretia Whittle part of her share, paid Feb. 1, 1847 to Lucretia Whittle, widow, in full of her distributive share of estate. (frame 5)
Petition of Amos Shealy, Jan. 6, 1853, by G.M. Landrum, attorney; he is the husband of Sophia Shealy formerly the wife of Nathaniel Burton now decd who was at the time of his death surety of Wiley Renolds at that time a resident of this district but now of State of GA on his administration bond, as admin. of Joseph Whittle; that the principal (MAD: Wiley Renolds) is now a resident of GA removed from his observation, and petitioner fears and believes he may be injured by his wife's former husband's suretyship on said bond; petition for release from liability on the administration bond. (frame 8)
Box 56, Pkg. 2318 (FHL film 162,266)
Distribution of James Whittle's estate. James Whittle intestate, decd 7 Feb. 1844, leaving a widow Lucretia and 12 children, namely, William, Willis, Elijah, James, Joseph, John, Masten, Ira, Effie wife of Jacob Sertin, Matilda wife of John Story, Polly wife of Richard Dunkin, Elizabeth wife of Russel Padget, and if? set of grandchildren, children of a predeceased son Reuben; Joseph & Lucretia administrators and Joseph afterward died. The following advancements were made by intestate in his lifetime to his children, viz, to Willis Whittle, Elijah Whittle, James Whittle, John Whittle, Joseph Whittle, Ira Whittle, Matilda Story, Mary Dunkin, Elizabeth Padget, William Whittle, Mastin Whittle, Reuben Whittle, Effie Sertan; ... amounts received from various, amounts paid to legatees ... (MAD: seems to be similar to accounts listed in Box 51, pkg. 2147, on settlement of 8 Jan. 1846.) (frames 58-59)
Petition of Sophia (X) Whittle, widow of Joseph Whittle decd., filed 15 Jan. 1849; That Joseph Whittle, late husband of petitioner, died intestate leaving petitioner and seven children, one of which children has since died infant and intestate, entitled to distribution of his estate; that administration has been committed by the Ordinary to Wiley Reynolds and that said Wiley Reynolds has removed from this state to GA without having accounted for his administration; that petitioner desires an account of the administration; petition for proper precept? & ?? (MAD: asks for a writ of some kind). (frame 60)
Box 72, Pkg. 2911 Estate of Lucretia Whittle decd, admin. Hartwell Whittle (FHL film 162,276)
Petition for letters of admin. & sale of estate, Dec. 15, 1854, by Hartwell Whittle for John Whittle; a short time since his mother Lucretia Whittle died intestate seized and possessed of a small personal estate which remains to be administered; prays that letters of administration be granted him. (frame 261)
Ordinary's Office, Jan. 1, 1855; on application of Hartwell Whittle admin. of Lucretia Whittle decd, ordered that he sell at late residence of said decd on Saturday 20th Inst. all the personal property of said decd. on a credit until 25 Dec. next 1855, purchasers giving notes with ample security; sale not to commence earlier than 10 o'clock A.M. (frame 261)
Account current, 26 March 1857, estate of Lucretia Whittle, Hartwell Whittle admin. Payments Apr. 28, 1856, to Elly Whittle in part of his distributive share; payments March 16, 1857, in full of their distributive share, to: Elly Whittle (his) $15.40, John Whittle $84.26, Mary Dunkin $92.44, Iray Whittle (his) $92.44, Russell Padgett & wife $92.44, William Stevens gdn. in full for his wards Permelia & Hezekiah Whittle $30.80, William Story $18.48, Arren Whittle $15.40, Julia McClendon $15.40, Eldred Whittle $15.40; also paid costs and attorneys fees. (frame 260)
Settlement, Account Current, showing income from sale bill and payments, 1/7 share each $84.26, heirs not named. (frame 262)
MAD: 1850 census index: William Whittle indexed Kemper Co. MS p.195, Lowndes Co. AL p.159, Wm. Jr. same p.159, and Pickens Co. AL p.22
Maston Whittle indexed Barbour Co. AL p.173
Jacob Certain indexed Madison Co. AL p.471
Jacob Sartin indexed Tuscaloosa Co. AL p.188
No Joseph Whittle indexed Edgefield Co. SC
No Sophia Whittle indexed Edgefield Co. SC
Return to the Edgefield Co. SC Research File
"Reports of cases at law, argued and determined in the Court of Appeals and Court of Errors of South Carolina, from December 1845 to May 1846, both inclusive" by J.S.G. Richardson, State Reporter, Vol.2; ("Richardson's South Carolina Law Reports"), Vol.2, pgs.587 to 589 (California State Law Library, Sacramento, 1/2004)
W. DUNCAN, indorsee, vs. S.D. CLARK & CO.; Court of Appeals of South Carolina, Columbia; 2 Rich. 587; May, 1846.
(MAD: headnotes not included here)
Before EVANS, J. at Edgefield, Spring Term, 1846.
This was an action on a promissory note, payable to one Houston or order, and indorsed to the plaintiff. The note was signed S.D. Clark & Co. The action was against Oliver Simpson and S.D. Clark, to charge them as makers. Simpson & Clark were partners in an apothecary shop or drug store in Hamburgh, under the name of S.D. Clark & Co. Houston kept a shop of the same kind in Augusta. Clark and one Oakman entered into partnership as druggists, in Augusta, and purchased out Houston, about the time of the date of this note. There was no doubt the note was given for the drugs so bought; one Crump, their clerk, said they bought Houston out, and gave notes signed S.D. Clark & Co. Their sign was Clark & Oakman -- all their bills and accounts were under that name, and their correspondence carried on in the name of Clark & Oakman, but they had given notes in the name of S.D. Clark & Co. His Honor thought it very clear that Oliver Simpson was no partner in the Augusta house; but the jury were instructed that, if they believed that Clark, the partner of Simpson, had given the note, intending thereby to bind the Hamburgh house of that name, it was competent for him to do so, although it might be for the debt of Clark & Oakman. The jury found for the plaintiff.
The defendants appealed, and now moved for a new trial, on the following grounds:
1. Because James L. Houston, the payee and indorser of the note, having sold his stock of goods to Clark & Oakman, and taken their note in payment for it, in the name of S.D. Clark & Co., would have no right to recover against the present defendants, were he the plaintiff in this suit.
2. Because the present plaintiff is in no better condition as indorsee, nor stands upon higher grounds as to this defence, than the payee of the note.
BAUSKETT, for the motion.
[Opinion] CURIA, per EVANS, J. If Houston sold the goods to Clark & Oakman, knowing that Oliver Simpson had no interest in the purchase, his taking the note of Clark & Co. for goods sold to Clark & Oakman, might, as between him and Clark and Simpson, be regarded as a fraud on Simpson. One partner can bind his copartners in any thing relating to the copartnership, or within the scope of its business; but he cannot, in general, (as between the parties,) bind his copartners either for his own debt or the debt of a third person. This seems to be clearly established by the case of Shirriff vs. Wilks, 1 East, 48; see Bayley on Bills, 57. The proposition affirmed in the charge of the circuit court, would not therefore be true if this action had been in the name of Houston, and it appeared he knew that the goods were bought for the use of Clark and Oakman. But in this case the plaintiff was the indorsee, and, so far as appeared, knew nothing of the consideration of the note.
It is essential to the advancement of commerce, that in the hands of an innocent holder who has paid value for a note or bill, the consideration should not be inquired into. There is no doubt that Clark, one of the partners, had a right to sign the partnership name to notes or bills. This was all the indorsee was bound to look to. The consideration on which it was given, was immaterial, unless it was unlawful. In Bayley on Bills, 54, it is said, -- "a bill or note by one partner in the name of the firm will, as between them and an innocent holder, bind the firm, though the partner making it were prohibited from drawing bills or notes;" but the authorities clearly establish that if the holder knew of the consideration, he would be in no better condition than the payee would be. Gallway vs. Mathew & Smithson, 10 East, 264. In the reporter's extract of the point decided in the case of Hawes vs. Dunton & White, 1 Bail. 146, the power of one partner to bind the firm for the debt of a third person is stated as broadly as in the charge of the circuit court in this case; but on looking into that case it will appear that the note had been transferred. The action was in the name of Hawes as bearer, and all the reasoning of the court applies to the case of commercial paper in the hands of an innocent holder, and not to a case where the question is between the original parties, or a holder affected with notice of the consideration. As there is nothing in the evidence which can affect the plaintiff with notice that the note was given for the debt of another, and not for the debt of Clark & Co., the verdict is right, and this court will not order a new trial for error in the circuit court, which could not possibly have changed the result of the case. The motion is dismissed.
RICHARDSON, O'NEALL, WARDLAW and FROST, JJ. concurred.
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