Duncan research files of
1830-1840 Carroll Co. TN Census
No Duncan indexed
1850 Carroll Co. TN Census
Page number without parens is stamped page number, within parens is handwritten number
Pg.5 (10), #53, William C. DUNCAN 27 TN farming $500
Martha T. 23 VA
Mary E. 2 TN
Pg.11, #129, John WHITE 58 NC farmer $1500
Sarah 51 VA
Daniel F. 29, David 25 VA
Mary A. 15, Nancy L. 13, Sarah F. 10, John C. 8 TN
Pg.11, #130, William R. WHITE 25 NC farming
Julia Ann 25 TN
William R. 3, Sarah J. 1-6/12 TN
(MAD: 1887 "Hist. of W.TN" by Goodspeed: John and Sallie P. (Duncan) White had son William R. White b. 1822 Burke Co. NC; to Gibson Co. TN 1836; John d. 1859, Sally d. 1881; the John White indexed in Gibson Co. TN on pg.198 was age 21)
1860 Carroll Co. TN Census
Pg.1 (1), #1-1, William DUNCAN 37? TN farmer $2000-1000
Martha 30 TN
Mary Ellen 10, John 8 TN
Elijah E. 7/12 TN
Pg.104 (204), #1353-1371, William B. DUNCAN 33 TN chair maker $600-200
Fredonia 23 TN
Mary V. 5, David S. 2 TN
Elliot G. 8/12 TN
Pg.177 (8), #153-153, Thos. DUNCAN 35 TN farmer $2000-5000
Emma 22 TN
William 5, Eugenia 3 TN
Leonidas 8/12 TN
Pg.180 (13), #200-200, David DUNCAN 50 TN farmer $3000-1000
Elinor 50 TN
James 35, Harry 16 TN
Susan 15 TN
Sallie HOOPER 12 TN "indwelling"
(MAD: ? From Madison Co. TN)
1870 Carroll Co. TN Census
District 1, P.O. Lavinia
Pg.272, #321-321, DUNCAN, William 47 NC (white) farmer $2500-$800
Martha 44 VA keeping house
Mary 20 TN
John 18 TN work on farm
Emerson (m) 10 TN
David A. 4 TN
District 4, P.O. McKenzie
Pg.319, #147-147, DUNKIN, Joshua 35 TN (white) farmer $0-4200
Fannie 30 TN keeping house
Allice (f) 10, Willie ("f") 8 TN
Anderson (m) 7, Haseltine (f) 6 TN
Franklin (m) 1 TN
District 11, P.O. Huntingdon
Pg.402, #152-152, DUNCAN, Wm. B. 44 TN (white) chairmaker $600-$500
Fidora A. (f) 34 TN keeping house
Mary V. 16, David S. 12 TN
Alexr. G. 10, Anna L. 9 TN
Blunt (m) 5, Ramsey (m) 1 TN
District 16, P.O. Hollow Rock
Pg.466, #125-125, DUNCAN, D.S. (m) 28 TN (white) farmer $0-$300
Malinda ("Maluda?) (f) 20 MO keeping house
Vutta? (Vitta?) (f) 2 TN
Pg.466-467, #130-130, DUNCAN, Thos. 44 TN (white) farmer $1500-$500
W.G. (m) 14 TN at school
Eugenia 13 TN keeping house
Leonadus (m) 8 TN
Heuten? (Hulen?) (m) 6 TN
Laura L. 3 TN
Carroll Co. TN Will Book A, 1822-1864, typed by WPA (FHL film 24,613 item 1)
No Duncan will
Tennessee Probate Court Books, 1795-1927, Carroll Co., Wills, 1863-1904, Vol.B, Images 2 and 219 of 296 images, from www.FamilySearch.org images (FamilySearch.org webpage, 1/7/2012)
Index, C-D names: Duncan, W.C., Will, 435&436 (image 2)
B-435/436: Be it remembered that I, W.C. Duncan of Civil district No.20, Carroll Co. TN, being in good health and of sound mind and memory, make this my last will and testament, hereby revoking all others made by me heretofore, First ... just debts including my burial expenses be paid as early as practicable after my death. Second, I give to my wife (unnamed) for her use during her widowhood the land in Dist.20 commencing at my NW corner of Jack Robinson South line ... containing 140 acres more or less. Now this bequest is made to my wife and my children by her. If she should marry I direct that the land shall be either equally divided between her and my children, she receiving a child's part, or the land if in the judgment of my executor is best is to be sold and the proceeds equally divided between her and my children by her, she receiving a child's part. Third, to my wife all my personal property during her life and to my children by her after her death. If however my wife should marry then I direct it shall be equally divided between her and my children by her, she receiving a child's part. Fourth, I give the balance of my land, about 130 acres, to David Albert Duncan (interlined: of John W. Duncan) Ella and her heirs, Cora Duncan daughter (interlined: Boodvinie? E. Duncan daughter) of Emerson Duncan to be divided as follows, to David A. I give 35 acres and is described as follows, commencing on W.H. Linton's north line ..., to Ellen Little and her heirs I give 44 acres 3 R - 38-3/5 P. (MAD: 44 acres 3 rods 38-3/5 poles) as follows, commencing on Mrs. Rir? Fletcher's North W. line ..., the balance of the said 130 acres I give to Cora daughter of John W. Duncan and Croney Duncan daughter of Emerson Duncan, said land to be either equally divided between them or sold and the proceeds equally divided, if in their judgment it will be best. 3 March 1894. /s/ W.C. Duncan. Wit. Henry Fletcher, D.D. Robinson, L.L. Seovers?. M.F. Fry Clerk of Carroll Co. Court certify that foregoing is full true and complete copy of last will and testament of W.C. Duncan decd as same was offered for probate in open court on Feby. 22, 1896, when proven by the oaths of Henry Fletcher and D.D. Robinson, two of the witnesses, and the same ordered recorded, Feb. 22, 1896. (image 219)
Tennessee Land Grants Index (FHL film 1,002,730)
Copied all Duncan, Dunkin, etc. (no Duncomb) through 1849; did not copy later index. Film consists of small index cards for each grant; some grants are repeated if they appear in two books.
Name, Grant #, Acres, Date, County, Book & Page, District (Actual grant books are in series by District, then book volume & page)
Wm. C. Duncan, *3941, 117a, 8/1/1848, Carroll, 7-635, West; "* numerical listing indicates that this should be 5941"
William C. Duncan, 5942, 25a, 8/1/1848, Carroll, 7-636, West
Carroll Co. TN Deeds (index 1822-1858 on FHL film 944,079)
L-292: 8 Dec. 1855, That at final hearing upon petition interlocutory, that Robert A. McLeary? the purchaser of the lands has paid the full amount; that at August term 1854, on 3 Nov. 1854 by written release, McLeary agreed that one David Duncan shall be substituted to his right as purchaser and that title should be made to Duncan, this a deed for title to land in Carroll Co., 12th Dist., 6th Range, 3rd Section, being part of 5,000 acre tract entered in name of Martin Armstrong, beg. N. & E. of Smith's Springs, Rowland's corner, Wm. Roaches corner, being 167 acres, the same conveyed by William Polk to Samuel McLeary on 13 June 1825, reg. in Book A, pg.330, and a tract in same dist., Range and section, 230 acres, being part of said 5,000 acre entry in name of Martin Armstrong, adj. stake in E. boundary of said 5,000 acre entry, outside of Greens fence, on section line, NE corner of said 5,000 acre tract; /s/ by Clerk & Master Napoleon Trust? (Priest?), Chancery Court. (FHL film 944,086; faint and difficult to read)
M-96: 12 Dec. 1856, David (D) Duncan of Carroll Co. TN to Phedora A. Duncan, wife of Wm. B. Duncan, $400, part of 167 acre tract beg. in SE corner of Greens 50 acre tract on Rowlans N. boundary line, old corner of 167 acre tract, Green's Home gract, containing 30-1/2 acres (no mention of District, Section, Range). Wit. Josiah Davis/Daws, Peter S. Duncan. (FHL film 944,086)
M-97: 12 Dec. 1856, David (D) Duncan of Carroll Co. TN to Peter S. Duncan of same, $400, part of 167 acres, corner Wm. B. Duncan's NE corner on Green's S. boundary line, the beg. corner of 167 acre tract, containing 38 acres. Wit. Josiah Davis, W.B. Duncan. (FHL film 944,086)
M-203: 17 Feb. 1857, David (D) Duncan to James Parks, $300, 50 acres in 16th Civil District, beg. Daniel P. Bayless's line and the heirs of Porterfield's NW corner, SW corner of D. Duncan's tract, Elin Rowland's N. line, Humphrey Parks S. boundary. Wit. B.H. Harrison, David Green Jr. (FHL film 944,086)
M-667: 20 March 1858, David (+) Duncan to James M. Brooks, both Carroll Co. TN, $2419.41-1/2, land on waters of Sandy in 16th Civil Dist., beg. stake in SE corner, Widow Glosson's N. boundary, P.S. Duncan's N. boundary, Green's E. boundary, to stake in section line, widow Pickle's meadow, containing 226 acres and 143 poles. Wit. Samuel Neely, David Green. (FHL film 944,086)
"Reports of cases argued and determined in the Supreme Court of Tennessee for the Middle Division, at the December term 1872 and for the Western Division at the April term 1874" by Jere Baxter, Assistant Reporter, Vol.VII; Tennessee Reports, Vol.66, pgs.387 to 389 (California State Law Library, Sacramento, 2/2004)
ELIJAH DUNCAN v. THE STATE; Supreme Court of Tennessee, Jackson; 66 Tenn. 387; 7 Baxt. 387; April, 1874, Decided.
Appeal from the Circuit Court. JAS. D. PORTER, Judge.
DEADERICK, J., delivered the opinion of the court.
The plaintiff in error was convicted at the January Term, 1874, of the Circuit Court of Carroll county of murder in the first degree, with mitigating circumstances, and was sentenced by the judgment of the court to confinement in the penetentiary for life. He has appealed in error to this court, and assigns as error, that the charge was not taken out by the jury upon their retirement. The bill of exceptions shows "that the charge of the court was not given into the hands of the jurors, nor was it, in any way, delivered to them to be taken to their room, upon their retirement or afterwards."
The act of March 10, 1873, sec. 2, provides, "that on the trial of all felonies every word of the judge's charge shall be reduced to writing before being given to the jury, and no part of it whatever shall be delivered orally in any such case. Every word of the charge shall be written, and read from the writing, which shall be filed with the papers, and the jury shall take it out with them upon their retirement."
In the cases -- one at Knoxville and one at Nashville -- where the charges had not been delivered in writing, the offenses charged being felonies, we held that the act of 1873 was mandatory, and when the bill of exceptions showed that the charge had in such cases been delivered orally, that it was error, for which this court would reverse.
The act prescribes to the judge, in unmistakably plain terms, his duty, and the mode in which it shall be performed. The 3d section of the act, in terms equally clear, declares the intention of the Legislature to be "to prohibit judges, wholly, from making oral statements to juries in any case involving the liberties and lives of the citizens."
The primary object of the law is to have the charge so delivered that there can be no misunderstanding between the court and counsel as to the instructions given to the jury, and none by the jury. In practice such differences have frequently arisen, and it has sometimes happened that jurors, after concurring in a verdict, have afterwards sought to have it set aside, upon the plea that the charge of the court was misunderstood.
The act requires the written charge to be filed with the papers, and taken out by the jury "upon their retirement," that they may have present with them the means of settling any controversy that may arise as to what the judge did charge. The law requires in very emphatic language that the charge shall be written and read to the jury, and that they shall take it out with them. The terms of the exception show with sufficient certainty that the jury did retire after the charge was delivered, and that the written charge was not taken out by them.
If they had delivered their verdict without retiring from their seats, the act would not have applied, as the reason or necessity for it would not have existed.
It is true that the presumption of law is in favor of the regularity of the acts of the Circuit Judge, but where a plain mandatory statute has not been obeyed, and the bill of exceptions shows that fact, we have no authority to say such disregard of the direction of the statute is excusable, and in effect nullify the provisions of the act.
We hold that the failure to require the jury to take out with them in their retirement the written charge was erroneous.
Reverse the judgment.
TN Civil War Questionnaire, Federal Soldiers (FHL film 975,591; only one Duncan)
These questionnaires were sent by TN Historical Committee to all living Civil War Veterans about 1914-1915, and vary a little in format. Not all were returned by the veterans. They are about four pages long, a printed form to fill in the blanks. A name index was printed in Ansearchin News, Vol. 25, sent by Evelyn Sigler; the TN State Library & Archives has either the originals or a copy.
This questionnaire contains 46 questions, many about his parents' home and work, many about his own home and work as a boy, some about servants and the feeling in his area about slaves and slave-holders, his schools, and his service in the War, such as experiences in battles, and the names & addresses of other men in his company.
Duncan, William Franklin, Co. M, 4th TN Cavalry.
TN Historical Committee Questionnaire, filled in by William Franklin Duncan, of Tasso, [Bradley Co.] TN, age 80 years and 4 months, born in Ashe now Alleghany Co. NC, a Federal Soldier in Civil War in Co. M, 4th TN Cavalry, 4th Regiment TN Cavalry Volunteers; credited to Washington Co. TN. (MAD: see also Carroll Co. TN; extract also in Wilkes Co. NC)
7. Father: a farmer, George Washington Duncan, born at Sparta, Ashe now Alleghaney Co., NC; lived in Ashe Co. NC and Washington Co. TN; he was a farmer and ex Mexican Volunteer.
8. Mother: Jane Elizabeth Edwards, daughter of William Edwards and his wife Nancy Edwards, who lived near Gap Civil Ashe Co. NC.
9. Remarks on Ancestry: John Duncan, great grand father, a soldier of Revolutionary War 1776, John Duncan grand father soldier of 1812, George W. Duncan father volunteer Mexican War. William Edwards great grand father an Englishman first lived? in NY, William Edwards grand father first settled in Penn and then in NC. Nancy Edwards and Duncan was from Ireland.
Father owned a farm; did not own slaves; owned about 100 acres, value $500; occupied common country log house. Father George W. Duncan was a farmer owned land and mill, worked the farm and ran the mill at times. Mother done house work, cooking, spring? and weaving, making own wearing apparel. No slaves, only domestic white girls.
William F. Duncan enlisted for Co. M, 4th Regt. TN Cavalry, US Army, May 6, 1864, and credited to Washington Co. TN; was offered $750 to be credited to NY City as substitute for NY; after enlistment Co. sent first to Nashville, TN, to Camp Catlett (more on battles); discharged July 12, 1865 at Nashville, TN; landed at home in Jonesborro, Washington Co. TN, in July 1865.
Others in Company: William F. Duncan, John Duncan, ...
Added letter: 1/1 (?) 1923, to Honorable John Trotswood Moore, Director, Nashville, TN: In reply to yours of March? date I give you further history of myself. After the Civil War I was 1st Lieut. of Co. E, 2nd Regt. NC State Troops and ?? of the Regt. and was elected Lieut. Colonel of same. I married Martha Jane Hensley Sept. 28, 1865. She was mother of one son, David Washington Duncan, borned March 24th 1867. He was a member of lower house of Tennessee Legislature. He was killed by Rail Road train near Cleveland, Tennessee, March 24, 1922. On his birth day on a crossing. He was stock inspector for Tennessee appointed by Capt. Peck and Governor A.A. Taylor?. /s/ William F. Duncan, Tasso, TN.
Second added letter: 1/1 (?) 1923, same address: On March the 12th 1871 I was married to Malissa Christina Briggs. She was the mother of Martha E. Duncan borned 8-13 1873 now living, John Thomas Duncan born Janay (sic) 21 1877 living, William L. Duncan 1-17-1879 living, Marvin D. Duncan 11-22-1881 dead 7-6-1903, Isham F. Duncan 1-1-1884 living, Oscar L. Duncan 2-16-1886 died at Donelson Tenn 3-31-1921, Fredric R. Duncan April 8-1889 dead 6-8-1890, Evan P. Duncan 2-12-1892 now living. My wife Malissa Chistina (sic) Duncan died Nov. 5 1921 members of the Christian Church. I am yours William F. Duncan, Tasso Tennessee.
1894 "Reminisant History of the Ozark Region (AR)", by Goodspeed (TN Gen. Society Library #2900 from Evelyn Sigler 11/1983)
Pg.656: Hon. Samuel Leslie of Searcy Co. AR, born Barren Co. KY, Oct. 25, 1809, son of John and Jane (McElwee) Leslie, the latter b. in SC. It is thought that Mr. Leslie was born while his parents were in route from PA to SC. He and his wife were married in York Dist. SC, from which they removed in 1807 to KY; when their son Samuel was two years of age they moved to TN. Here the mother died when he was about eight years old. The father survived until 1840, his death occurring in Carroll Co. TN. Children: George d. in Carroll Co. TN; William d. in Cole Co. MO; John d. in Humphreys Co. TN; Samuel (above) m. 1831 Ruth, dau. of Edward and Dicey Harris; Andrew J. d. in San Antonio, TX; Mary M., the wife of Andrew Simpson, d. in Carroll Co. TN; Elizabeth, wife of Samuel McKeag(y), d. in Searcy Co. AR; Margaret, the wife of David Van Pool, d. in Cole Co. MO; Jane, the wife of Zeddock Duncan, d. in Humphreys Co. TN; Grace, the wife of Joseph Murphy, d. in Carroll Co. TN.
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