ROBERTSON CO. TN
COURT RECORDS
 

Robertson Co. TN County Court Minute Book 1, 1796-1807, typed by WPA (FHL film 24,799)
      Duncan, Captain: p.13, 17
      Duncan, Isabella: p.2, 21
      Duncan, James: p.2
      Duncan, John: p.2, 9, 12, 15, 45, 82, 86, 110, 114, 124, 131, 154, 157, 159, 161, 177, 184, 192, 196, 197, 245, 296, 301, 302, 308, 309, 318, 324, 341, 343, 352, 355, 359, 382, 385, 388
      Duncan, Martin: p.1, 2, 3, 5, 6, 9, 12, 18, 21, 24, 26, 30, 31, 35, 36, 41, 42, 43, 44, 45, 48, 52, 53, 55, 57, 58, 62, 63, 64, 70, 71, 73, 76, 79, 80, 82, 83, 84, 88, 94, 96, 109, 110, 116, 117, 122, 124, 125, 128, 129, 130, 131, 132, 145, 151, 154, 156, 162, 166, 168, 172, 176, 178, 180, 184, 193, 194, 204, 208, 220, 227, 228, 229, 231, 234, 236, 239, 248, 251, 252, 260, 266, 275, 279, 282, 283, 284, 287, 288, 293, 294, 322, 323, 329, 333, 339, 340, 341, 342, 344, 345, 348, 349, 355, 360, 365, 366, 370, 371, 375, 382, 383, 384, 386, 389, 394, 396
      Duncan, William: p.1, 6, 19, 26, 30, 35, 36, 37, 38, 39, 53, 54, 162?, 176.
      Book 1, 1796-1807 - no power of attorney for John Duncan on page 3
      1-184: 21 July 1801, Jonathan Oyler appointed constable, bond by John Duncan and Abraham Tippy for $620.

Robertson Co. TN County Court Minutes, by Historical Records Survey (WPA) (FHL film 24,799)
   Minute Book 1, 1796-1807 (FHL film 24,799 item 1; MAD: typing becomes very faint about page 300, but new carbon paper started page 361 so pages were quite legible)
      Pg.1: Monday, July 18, 1796, Reference to act to lay off County of Tennessee into two distinct counties, one named Robertson, the other named Montgomery, Capt. Martin Duncan Esq. (and others) Justices of Peace to hold the Court of Pleas and Quarter Sessions. ... Elected clerk, Thomas Johnson, who gave bond, sureties Jacob McCarty, Bazel Boren and Melcher Oyler. Elected Sheriff, Hugh Henry, sureties John Donelson and William Duncan.
      Pg.2: Monday, July 18, 1796, Power of attorney, James and Issabella Duncans to Melcher Oyler proven in court by oath of Martin Duncan a subscribing witness. (MAD: no John Duncan this page)
      Pg.3: Tuesday, July 19, 1796, Martin Duncan present; pg.6, Oct. 17, 1796, Martin Duncan present; pg.9 & 12, Oct. 18, 1796, Martin Duncan a Justice of Peace.
      Pg.6: Monday, Oct. 17, 1796, William Duncan to be a grand juror.
      Pg.9: Tuesday, Oct. 18, 1796, John Duncan a juror.
      Pg.13: Tuesday, Oct. 18, 1796, mention of Capt. Duncan's company in Red River Settlement.
      Pg.15: Monday, Jan. 16, 1797, John Duncan to be grand juror at present term.
      Pg.18: Tuesday, Jan. 17, 1797, Martin Duncan present; pg.26, April 19, 1797, Martin Duncan present; pg.31, July 17, 1797, and pg.35, July 19, 1797, Martin Duncan present; pg.36, Oct. 16, 1797, Martin Duncan present; pg.42 & 43, Oct. 18, 1797, Martin Duncan present.
      Pg.19: Tuesday, Jan. 17, 1797, William Duncan on jury.
      Pg.21: Wednesday, Jan. 18, 1797, State, Pltf, vs. John Vaugh, deft, poligamy. State of TN, Robertson Co., Oct. term 1796, jurors found John Vaughon (MAD: sic) guilty of poligamy and that aforesaid John has been twice married and at this time lives in a state of adultery with Issabella Duncans, which is the 18 Oct. 1796 ... indictment issued Jan. term 1797, Sheriff returned it as not found, left the state. (MAD: see Will Book 1, pg.3)
      Pg.26: Tuesday, April 18, 1797, deed, William Duncan to William Johnson, proven in court by oath of Thos. Johnson subscribing witness.
      Pg.30: Wednesday, April 19, 1797, road jury, ordered Bazel Boren, Thomas Johnson, John Philips, Martin Duncan, William Duncan and William Haggard lay off and mark a road the nearest and best way from John Donelsons to Bledsoe Lick as far as the county line.
      Pg.35: Tuesday, July 19, 1797, William Duncan to attend next court as juror.
      Pg.36, 37: Oct. 16, 1797, William Duncan a juror; pg.38, 39, Oct. 17, 1797, William Duncan on several juries.
      Pg.36: Oct. 16, 1797, Deed, Jonathan Price to Martin Duncan acknowledged in open court.
      Pg.41: Oct. 17, 1797, Deed, Martin Duncan to Thomas Johnson acknowledged in open court.
      Pg.42: Oct. 18, 1797, Martin Duncan (and others) to attend next Superior Court for District of Mero as juror.
      Pg.44: Jan. 15, 1798, Martin Duncan present; pg.48, Jan. 17, 1798, Martin Duncan present; pg.53, 55, April 16, 1798, Martin Duncan present, a Justice of Peace; pg.58, April 18, 1798, Martin Duncan present; pg.63, July 16, 1798, Martin Duncan Esqr. present; pg.64, July 17, 1798, Martin Duncan present at election of Sheriff; pg.71, 73, Martin Duncan present; pg.74, 76, 79, 82, Oct. 15, 16, 17, 1798, Martin Duncan present.
      Pg.45: Jan. 15, 1798, Deed from John Duncan to William Edwards ack. in court.
      Pg.52: Jan. 17, 1798, list of taxables for present year ... for Captain Johnson's Company, Martin Duncan Esq.
      Pg.53: April 16, 1798, Deed, William Duncan to William Johnson proven by oath of Thos. Johnson, a subscribing witness thereto.
      Pg.57: April 17, 1798, tax lists returned, Martin Duncan Esqr. returned list of taxables of Capt. Johnson's district.
      Pg.62: April 18, 1798, Thomas Talbot, pltf, vs. Cornelius Dabney and Steven Boren ... MAD: they were bondsmen for Isaac Brown to appear in court on debt, Brown didn't appear, Dabney and Boren were advised several times in the presence of various people, including: Feb. 15, 1798, Cornl. Dabney in presence of Wm. Duncan and J. Barr Henry, Shrff ... judgement entered against them.
      Pg.64: July 16, 1798, Deed, Isaac Miller to Abraham Tippy proven by oath of William Duncan a subscribing witness and ordered registered.
      Pg.70: July 18, 1798, Martin Duncan pltf vs. Andrew Irwin defdt, Covenant; at April 1798 term, they appeared by their attorneys, continued to July, jury found for plaintiff and assessed damages of $51.75 and costs.
      Pg.80: Oct. 17, 1798, Martin Duncan Esq. delivered enumeration of taxable inhabitants in Capt. Wm. Johnson's Dist.
      Pg.82: Oct. 17, 1798, John Duncan to attend next court as juror.
      Pg.83, 84, 88, 94: Jan. 21, 22, 23, 25, 1799, Martin Duncan present; pg.96, April 16, 1799, Martin Duncan present; pg.109, 116, July 15, 18, Martin Duncan present; pg.117, Oct. 21, 1799, Martin Duncan present.
      Pg.86: Jan. 22, 1799, John Duncan on jury.
      Pg.110: July 15, 1799, deed, John Duncan to Martin Duncan his son proven on oath of John Price and ordered registered.
      Pg.114: July 17, 1799, John Duncan on jury.
      Pg.122, 125, 128, 129: Jan. 21, 22, 23, 1800, Martin Duncan present; pg.130, 132, April 22, 1800, Martin Duncan present; pg.145, July 23, 1800, Martin Duncan present; pg.151, 154, Oct. 22, Martin Duncan present.
      Pg.124: Jan. 21, 1800, Joseph Carmack bond to Martin Duncan for 6-1/2 acres of land proven by oath of John Duncan a subscribing witness and ordered recorded.
      Pg.130: April 22, 1800, Thomas Johnson appointed guardian of Henry Hart, orphan of Joseph Hart, entered bond with Martin Duncan and William Johnson his securities.
      Pg.131: April 22, 1800, deed, Wm. Betts to Martin Duncan for town lot in Fayetteville proven by oath of George Briscoe and ordered registered. Deed, John Duncan to Isaac Weakley for lot in Fayetville ack. in court and ordered registered.
      Pg.154: Oct. 22, 1800, John Duncan on jury.
      Pg.156: Oct. 22, 1800, Martin Duncan exhonerated from payment of state and county tax for 1800 on 213 acres, said land being given in by Melcher Oyler.
      Pg.157: Oct. 22, 1800, John Duncan to be juror next term.
      Pg.159, 161: Jan. 19, 20, 1801, John Duncan on several juries.
      Pg.162: Jan. 20, 1801, deed, Wm. Duncan to Benjn. McNow for 213 acres proven on oath of John Bryant and ordered registered. ... Deed, Martin Duncan to Wm. Duncan for 213 acres ack. in court and ordered registered.
      Pg.163: Jan. 20, 1801, Martin Duncan to take taxable lists for Captain Johnson's Company.
      Pg.166: Jan. 22, 1801, Martin Duncan present; pg.176, 178, April 23, 1801, Martin Duncan present; pg.180, July 21, 1801, Martin Duncan present; pg.193, 194, Oct. 22, 1801, Martin Duncan present.
      Pg.168: Jan. 22, 1801, Martin Duncan to be added to Gentlemen heretofore appointed to receive the stray pen.
      Pg.172: April 21, 1801, deed, Robert Nelson to Martin Duncan for 113 acres proven by oath of Danl. McKinley and ordered registered.
      Pg.176: April 23, 1801, deed, James Menees Sheriff to Wm. Duncan for 640 acres ack. in court, ordered registered. Deed, James Menees Shff to Wm. Duncan for 640 acres ack. in court, ordered registered. (MAD: two deeds) ... Martin Duncan, Esq., delivered tax list for Capt. Bryants Company.
      Pg.177: April 23, 1801, John Pankey pltf. vs. John Tucker deft, costs include 4 days attendance by John Duncan.
      Pg.184: July 21, 1801, Jonathan Oyler appointed Constable, bondsmen Abraham Tippey and John Duncan.
      Pg.184: July 22, 1801, Martin Duncan to be one of inspectors for ensuing election.
      Pg.192: Oct. 21, 1801, John Duncan on jury.
      Pg.196: Jan. 18, 1802, deed, Meredith Walton to John Duncan for 80 acres ack. in court and ordered registered.
      Pg.197: Jan. 18, 1802, William Edwards to John Duncan, a certificate proven by oath of Thomas Johnson and ordered registered.
      Pg.204, 208: Jan. 22, 1802, Martin Duncan present; pg.227, 229, July 21, 1802, Martin Duncan present; pg.231, 236, Oct. 19, 20, 1802, Martin Duncan present.
      Pg.220: April 22, 1802, Martin Duncan have until next court to return the list of taxables for 1802 in Capt. Isiah Hamilton's Co.
      Pg.228: July 21, 1802, Martin Duncan Esq. delivered tax list for Capt. Saml. Walker's Co.
      Pg.234: Oct. 20, 1802, Martin Duncan to take tax list for Capt. Bryant's Co.
      Pg.239: Jan. 18, 1803, Martin Duncan delivered tax list for Capt. Krisels Dist.
      Pg.245: April 18, 1803, State vs. Jas. McIntosh, Recogniza.; bond of James McIntosh for his good behavior towards Saml. Fulk and others, bond by Bazel Boren and John Duncan.
      Pg.248, 251: April 19, 1803, Martin Duncan present; pg.252, 260, July 18, 20, 1803, Martin Duncan present; pg.266, 275, 279, Oct. 19, 21, 1803, Martin Duncan present.
      Pg.248: April 19, 1803, ordered John Philips and Martin Duncan Esq. settle with administratrix of estate of Danl. Holland decd. and return same to court ...
      Pg.260: July 20, 1803, Martin Duncan to be election inspector.
      Pg.282, 283, 284, 287, 288: Feb. 7, 8, 1804, Martin Duncan present; pg.293, 294, May 8, 9, 1804, Martin Duncan present
      Pg.296: May 9, 1804, John Duncan to be juror next term.
      Pg.301, 302, 309: Aug. 6, 8, 1804, John Duncan on several juries.
      Pg.308: Aug. 8, 1804, John Duncan to be overseer of road in place of Geo. Browning.
      Pg.318: Indexed John Duncan, not found. (pages getting faint)
      Pg.322, 323, 333: Feb. 5, 9, 1805, Martin Duncan present; pg.341, 342, 344, May 8, 9, 1805, Martin Duncan present; pg.349, 355, 360, Aug. 5, 7, 9, 1805, Martin Duncan present; pg.365, Nov. 5, 1805, Martin Duncan present.
      Pg.324: Feb. 5, 1805, Danl. McKinley Senr, George Browning, Matthew Day and John Brooks divide the hands to work on roads between overseers Anderston Cheatham, John Duncan, Thos. Norris, Henry Fiser and Edward King.
      Pg.329: Feb. 7, 1805, Martin Duncan Esq. to take taxables lists for Capt. Kirsels Co.
      Pg.339: May 7, 1805, Martin Duncan and John Hutchison Esquires to settle with administrators of estate of Saml. Tucker decd. and make report to next term of court.
      Pg.340: May 7, 1805, John McElhairy be overseer of road from Springfield to Logan, his bounds to extend from north side of Sulpher Fork to place where said road intersects with the old Logan road and all the hands residing on North side of said fork who formerly worked under John Duncan to work under McElhairy.
      Pg.341: May 8, 1805, John Duncan to be juror next term.
      Pg.343: May 8, 1805, bill of sale William Huddleston, John Huddleston and Jonathan Huddleston to Charles Wheaton for negro woman proven in court by oath of John Duncan and ordered registered.
      Pg.345: May 9, 1805, Martin Duncan and John Philips Esq. to settle with the administrator of estate of Nathaniel Rogers decd. and make report to next court.
      Pg.349: Aug. 5, 1805, Report by Martin Duncan and John Philips Esq. with administrator of estate of Nathaniel Rogers decd ...
      Pg.352: Aug. 6, 1805, John Duncan a witness for two days.
      Pg.355: Aug. 6, 1805, John Duncan to be a juror next court.
      Pg.359: Aug. 8, 1805, John Duncan indexed, not found
      Pg.366: Nov. 5, 1805, deed, Martin Duncan to Alexr. Chesnut for 427 acres ack. in court, ordered registered.
      Pg.370: Nov. 7, 1805, deed, Martin Duncan to James Irwin for 113 acres acknowledged in court and ordered registered. ... Ordered that Martin Duncan and John Hutchison (who was formerly appointed) settle with admin. of Saml. Tucker decd. and make return ...
      Pg.371, 382, 384: Feb. 3, 7, 1806, Martin Duncan present; pg.389, May 6, 1806, M. Duncan present; Pg.396, Aug. 4, 1806, Martin Duncan present.
      Pg.375: Feb. 4, 1806, Thomas Woodard appointed guardian for orphan children of Danl. Holland decd, bond by Martin Duncan and Noah Woodard.
      Pg.382: Feb. 7, 1806, John Duncan to be juror next term.
      Pg.383: Feb. 7, 1806, Martin Duncan, Esq., to take taxable list for Capt. Krisel's Co.
      Pg.385: May 5, 1806, John Duncan on grand jury.
      Pg.386: May 5, 1806, Tax lists delivered ... Martin Duncan Esqr. for Capt. Krisel's Company.
      Pg.388: May 6, 1806, Augustine Cook appointed Constable, gave bond with John Duncan and Epphras. Benton securities.
      Pg.394: May 7, 1806, Martin Duncan and others to examine books of Registers Office to determine which should be transcribed.

   Minute Book 2, 1808-1811 (FHL film 24,799 item 2)
      Index, pg.8: Duncan, John, 149. Duncan, M., 97, 193, 279, 296. Duncan, M. (Esqr) 3, 13, 14, 26, 27, 35, 36, 37, 50, 60, 82, 83, 85, 88, 94, 95, 96, 99, 105, 120, 121, 123, 142, 143, 144, 145, 146, 151, 159, 178, 194, 215, 216, 217, 218, 219, 220, 226, 238. Duncan, Martin, 15, 66, 87, 106, 108, 140, 148, 190, 208, 210, 233, 245, 261, 262, 275, 280, 287, 289, 291, 293, 297, 355 (not found), 360, 409, 427, 428, 430. Duncan, Martin (Esqr) 2, 7 (not found), 8, 9, 16, 44, 49, 78, 89, 93, 98, 101, 104, 190, 221, 224, 256, 257, 270, 278, 387. Duncan, Zachariah, 46, 199.
      MAD: Looked at but did not copy most references to M. or Martin Duncan when all they said was that he was present at the beginning or closing of a Court Session.
      Pg.2: Tuesday, Jan. 5, 1808, Present Martin Duncan Esq.
      Pg.8: Friday, Jan. 8, 1808, Martin Duncan and James Sawyers, Esq., to settle with Thomas Johnson, guardian for Henry Hart, and make return to next court.
      Pg.16: Tuesday, April 5, 1808, Martin Duncan Esq. delivered tax list for Capt. Krisel's Company.
      Pg.46: Monday, July 4, 1809, ordered following hands to work on road leading from Iron Works to Springfield in Robertson Co. within the following bounds - beginning at the mouth of Sychamore and running up the same until "opisit" to Zachariah Duncans and from thence to Wm. Perry's then on a "strait" line to the Nine Mile post on the said road leading from Weakley ferry to Springfield, thence from said post running to the head of the long branch from these West to the county line and the said Wm. Perry and Zachariah Duncan to be included in the bounds; that Wm. Perry be overseer of said road.
            Hands to work on the road leading from the Iron Works to Springfield in Robertson Co. within the following bounds - beginning at Nine Mile post on said road running by William Perry's and Zachariah Duncans from these to "Schamore" Creek thence up said creek to the mouth of Josiah Ramseys branch from thence to James Felts and Josiah Hundleys from these to Henry Hydes, from Hydes to John Hunts, from thence to the head of the long branch, from thence to the beginning, "them" bounds to include Jas. Felts and Jos. Hundley, Luke Rawls overseer.
      Pg.49: Tuesday, July 5, 1808, election for County Trustee, Martin Duncan Esq. elected, bond of $4,000, sureties William Spiller and John Johnson.
      Pg.66: Friday, July 8, 1808, petition of William Fenwick ... regarding land on North side Cumberland River and South side Red River, 640 acres, grant #849, ... location 5 June 1788 #3725 ... to issue warrant to John Hutchison, Martin Duncan and John Coleman as commissioners to examine Bazel Boren on 18 Aug. 1808; and to have the lines marked afresh.
      Pg.87: Tuesday, Oct. 4, 1808, deed, Charles McIntosh to John B. Cheatham for 121 acres proven by oaths of Martin Duncan and Thomas Johnson and ordered to be registered.
      Pg.89: Wednesday, Oct. 5, 1808, ordered that Thomas Johnson and Martin Duncan, Esquires, settle with the administrator of the estate of Wm. Robertson decd. and make return to next court.
      Pg.93: Thursday, Oct. 6, 1808, ordered that Martin Duncan Esqr. be allowed $59 for keeping Danl. McDaniel until July term next of this court, said Duncan came into court and acknowledged himself bound to furnish said McDaniel with a sufficiency of diet, lodging and clothing &c for said term.
      Pg.101: Monday, Jan. 2, 1809, bill of sale, John Boren to Martin Duncan for one Negro was proven by oaths of Thos. Woodard and William Duncan and ordered registered.
      Pg.104: Wednesday, Jan. 4, 1809, report of Thomas Johnson and Martin Duncan, commissioners appointed to settle with Lewis Wells, administrator of William Robertson decd, returned to court, examined and ordered registered.
      Pg.106: Friday, Jan. 6, 1809, ordered that the old Logan Road passing by Benjn. Porters which was discontinued some time past be from this time a public road again, that Benjn. Porter be overseer, that following hands work under him: Thos. Johnson, Martin Duncan, William Edwards, Stephen Herring, Francis Boren, Henry Watkins and Joseph Robertson.
      Pg.148: Tuesday, July 4, 1809, bill of sale from Bazel Boren to Martin Duncan for a Negro girl acknowledged in open court by said Boren and ordered to be registered.
      Pg.149: Tuesday, July 4, 1809, John Duncan on jury.
      Pg.190: Saturday, Oct. 7, 1809, ordered that Martin Duncan be exhonorated from the double tax on 1000 acres which was reported and sold in the name of Thos. Beaty, that the Shff have a credit for the amt. with the Treasurer and trustee.
      Pg.199: Thursday, Nov. 23, 1809, deed, Zachariah Duncan to William Faucett for 70 acres of land proven by oath of James H. Bryan and "Assa" Bryan subscribing witnesses, ordered to be registered.
      Pg.208: Tuesday, Feb. 13, 1810, deed, Martin Duncan to John B. Cheatham for one lot #17 acknowledged in open court and ordered to be registered.
      Pg.210: Tuesday, Feb. 13, 1810, Order from Martin Duncan to Sheriff to make a deed to lot #17 to Nancy Pankey was acknowledged in open court, also an assignment on said order to John B. Cheatham, signed by Nancy Pankey, proven by oath of John Hutchison and ordered to be registered.
      Pg.218: Wednesday, Feb. 14, 1810, ordered that William Connell and Martin Duncan Esqrs. settle with Lewis Wells, guardian for heirs of William Robertson decd., also with Benjn. Porter guardian for Henry Hart, and make return to this court.
      Pg.221: Wednesday, Feb. 14, 1810, William Connell and Martin Duncan Esq. who were appointed to settle with Lewis Wells, guardian for heirs of Wm. Robertson decd, made report, examined, ordered to be recorded.
      Pg.224: Wednesday, Feb. 14, 1810, Martin Duncan and Wm. Connell Esq. who was appointed to settle with Benjn. Porter guardian for Henry Hart, made report, examined, ordered to be recorded.
      Pg.233: Friday, Feb. 16, 1810, Thomas D. Martin vs. Bazel Boren and Martin Duncan; on motion of the plaintiff by his attorney to enter judgement on a bond given by the said defts. to stay a judgment obtained for the sum of $58.10-1/2 until 1 Dec. 1809; the debt was not paid by 1 Dec. 1809, therefore pltf. to recover the debt of $58.10-1/2 with interest and costs.
      Pg.245: Friday, Feb. 16, 1810, Joseph Motheral vs. Bazel Boren and Martin Duncan; on motion of the plaintiff by his attorney to enter judgement on a bond given by the said defts. to stay a judgment obtained for the sum of $155.07 until 1 Dec. 1809; the debt was not paid by 1 Dec. 1809, therefore pltf. to recover the debt of $155.07 with interest and costs.
      Pg.257: Tuesday, May 15, 1810, election for Clerk, present Martin Duncan, Esqr., Justice (and other Justices).
      Pg.275: Friday, May 18, 1810, Martin Duncan summoned as juror to next Circuit Court.
      Pg.287: Tuesday after 2nd Monday Aug. 1810 (MAD: Aug. 14, 1810), Martin Duncan present at election of Sheriff.
      Pg.289: (Aug. 14, 1810), Martin Duncan elected County Trustee who gave bond and qualified according to law.
      Pg.293: Thursday, Aug. 16, 1810, deed from John Coleman to Sterling Smith proven by oaths of Genl. Thomas Johnson and Martin Duncan and ordered to be registered.
      Pg.297: Thursday, Aug. 16, 1810, Martin Duncan present.
      Pg.360: Feb. 11, 1811, Mastin Duncan to take tax list for Bensons Company. (MAD: indexed Martin Duncan)
      Pg.387: May 13, 1811, Martin Duncan present.
      Pg.409: May 14, 1811, Martin Duncan County Trustee and Gabriel Greathouse pltf. agt. Corbin Hall and Epa Lawson defts; on motion on replevy bond. Pltf. recover against deft. $63.90 and $3.83 interest from Feb. 1810 until paid and costs and also $8.33-1/2 costs. Cr. by cash $55 paid 27 April 1811.
      Pg.427: May 16, 1811, Martin Duncan's tax list recd. for Capt. Bensons Company.
      Pg.428: May 16, 1811, Martin Duncan (& others) summoned as jurors to next Circuit Court.
 

"Tennessee Reports - Report of cases argued and determined in the Supreme Court of Tennessee during the years 1860-61" by Thomas H. Coldwell (spine title: Tennessee Reports Cooper's Edition 41 - Coldwell); Vol.41, pgs.562 to 564 (California State Law Library, Sacramento, 1/2004)
      JAS. WOODWARD, Ex'r, vs. SARAH DUNCAN et als; Supreme Court of Tennessee, Nashville; 41 Tenn. 562; 1 Cold. 562; December, 1860, Decided.
      From Robinson. This cause was heard before Chancellor JOSEPH J. GUILD, at the (blank) Term, 1860. There was a decree, and an appeal. (MAD: Robertson Co. TN)
      CARUTHERS, J., delivered the opinion of the Court.
      This case raises a disputed question of fact, as well as a question of law, upon the doctrine of descents and distributions.
      The bill is filed by the administrator of David Herring, to compel the defendants to interplead and settle their respective claims to the estate in his hands.
      The deceased was never married, and died intestate, leaving both real and personal estate.
      The defendants, Mrs. Draughn, Mrs. Hannum, and Mrs. Clark, are admitted to be the legitimate full sisters of the deceased.
      Mrs. Duncan and Mrs. Bigbee claim to be the same, but that is disputed by the other defendants, and the bill charges that they are the illegitimate children of the same mother.
      This is the question of fact, as to which, the proof brings us to conclusion that the charge in the bill is sustained, and that they are illegitimate.
      The legal question is, whether, as such, they can inherit from a legitimate half brother. If they can, it must be by some Statute. By the common law, they are clearly excluded: 3 Kent 413; 9 Hump. 460. They have no inheritable blood, and can neither take nor transmit by descent.
      The Act of 1819, ch. 13, and 1851, ch. 39, incorporated into the Code, sec. 2423, change the common law in the cases therein specified. The case there provided for, embracing this question, is, that when an illegitimate dies intestate, without wife or children, or mother, living, then his estate shall go "equally to his brothers and sisters, by his mother, or the descendants of such brothers or sisters."
      We have had two cases under this Statute. In Riley vs. Byrd, 3 Head 20, we held that the lawful issue of the same mother took equally with the unlawful brothers and sisters of the illegitimate deceased intestate.
      The case of Webb vs. Webb, p. 69, of the same book, does not touch this question.
      Now, it will be seen that these Statutes apply alone to the case of an illegitimate decedent, and only changes the existing law of descents and distributions in relation to their estates. But this is the case of a legitimate's estate. The common law-rule must prevail as to that, as there has been no change by any Statute. We are not disposed to go beyond the Legislature in removing the checks upon illicit intercourse, and the stigma from bastardy. The cause of good morals forbids it.
      The decree will be reversed, and Mrs. Duncan and Mrs. Bigbee excluded from the inheritance.
 

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