Duncan research files of
1830 Wilcox Co. AL Census
Pg.165 C.W. Duncan? 1100,11 - 1100,1
1840 Wilcox Co. AL Census
No Duncan indexed
1850 Wilcox Co. AL Census
Pg.354, #136, Azariah DUMAS 70 NC farmer $6000
Susan 47 NC
La Fayette (m) 25, Wade H. 22 AL farmers
Charity (f) 17 AL
Matilda POWEL 36 SC
Martha 14 AL
A.H. STAFFORD (m) 22 AL farmer
Keziah SHIELDS (f) 60 NC
(MAD: Wade H. Dumas b.1828 AL d.1853 leaving widow Elizabeth who mar. John W. Duncan)
Pg.385, #605, Margaret A. JENKINS 62 SC (blank) $0
Thomas 28 AL farmer $0
Lucy 20 NC
Green DUNCAN 25 AL farmer $0
1860 Wilcox Co. AL Census (no Duncan indexed)
Pg.1086, #501-547, Sarah DUNAM 64 AL farming $1000-$200
Thomas 29 AL (blank) $0-$50
Rebecca 20, Nancy 14 AL
(MAD: Indexed Sarah Dunana)
1870 Wilcox Co. AL Census
Prairie Bluff Prct.
Pg.234, #80-82, DUNCAN, Charity (f) 25 AL BLACK farm laborer $0-$0
Washington 4 AL BLACK
Pg.294, #108-108, DUNCAN, Toby (m) 40 AL BLACK blacksmith $0-$500
Salina 25 AL BLACK keeps house
Nelly 6 AL BLACK
Bows (m) 1 AL BLACK
Gabriel 3 AL BLACK
Emily 10 AL BLACK
Pg.376, #238-244, DUNCAN, A.J. (m) 47 AL (white) farm laborer $1000-$300
Nancy 47 AL keeps house
Susan 23 AL at home
Edward F. 21 AL farm laborer
Richard 16, Joseph 15 AL farm laborers
Phemia (f) 12, Alice 10 AL
(MAD: cannot identify 1850-1860 census)
Snow Hill Beat
Pg.448, #239-240, ALBRITTON, James 26 AL BLACK farmer $0-$200
Nancy 23 AL BLACK keeping house
Charlott (f) 42 AL BLACK farm lab.
Julia 70 VA BLACK farm lab.
DUNCAN, William 40 SC BLACK farm lab.
ALBRITTON, Nannie 5, John 3 AL BLACK
Fox Mills Beat
Pg.499, #131-14, DUNNAM, Sarah 63 AL farm laborer $0-$0 (alone)
(MAD: indexed Sarah Duncan?)
Wilcox Co. AL Deeds, most vols. individually indexed
Vol.A 1820-1829 & Vol.A transcribed (FHL film 1,673,822 item 1-2)
Grantor index only, no Duncan
Vol.B-E (p.-200) 1829-1838 (FHL film 1,673,822 item 3-6 & 1,673,823 item 1)
Vol.B - no Duncan
Vol.C - no index
Vol.D - no Duncan
Vol.E - no Duncan
Vol.E (p.200-end) - G 1838-1843 (FHL film 1,673,823)
Vol.F - no Duncan
Vol.G - no Duncan
Vol.H-J (p.1-425) 1843-1850 (FHL film 1,673,824)
Vol.H - no Duncan
Vol.I - no Duncan
Vol.J - no Duncan
Vol.J (p.425-end) - L (p.1-600) 1850-1855 (FHL film 1,673,825)
Vol.K - no Duncan
Vol.L - no index
Wilcox Co. AL Index to Probate Drawers 1821-1900 (FHL film 1,673,595 item 4)
Wilcox Co. AL Index to Probate Minutes & Deeds v.1 1821-1959 (FHL film 1,673,595 item 5)
9-408: J.W. Duncan & E. Autrey
Wilcox Co. AL Probate Court Minutes (FHL film 1,673,600)
9-408: Special term Probate Court 26 June 1856, John W. Duncan et al; Elijah Autrey (Autery?) in right of his wife Wincy and John W. Duncan in right of his wife Elizabeth, filed their petition for sale of certain lands owned jointly by Winey Autrey and Elizabeth Duncan and one Elizabeth Hawkins a minor; Petitioners Elijah Autrey and Wincey his wife and John W. Duncan and Elizabeth his wife represent that said Wincey Autery and Elizabeth Duncan are by the will of Azariah Dumas decd, together with one Elizabeth Hawkins daughter of Mary Hawkins decd, entitled in equal parts to lands: E 1/2 SW 1/4 Sec.6 Twp.13 and E 1/2 NE 1/4 NW 1/4 Sec.9 Twp.13, all in Range 5E, and W 1/2 SE 1/4 Sec.19 and E 1/2 E 1/2 SW 1/4 Sec.19 T13 R5E; that said Wincey Autery and Elizabeth Duncan are of full age and that Mary Hawkins is a minor, and that they are all residents of Wilcox Co.; that the lands cannot be fairly, equally and beneficially divided amongst them without a sale of the land, they ask for an order of the court decreeing sale; Court ordered the sale to be heard 2nd Monday August, H.R. Gordon appointed guardian ad litum for Elizabeth Hawkins a minor, and who is willing [to] accept such appointment, to appear at the hearing.
MAD: Suit of Benjamin R. Thomas, admr. of Mary Hawkins dec'd, against Obadiah A. Dumas to recover damages ... slaves. Plaintiff deduced title to slaves under clause (of will of Azariah Dumas dec'd, father of Mrs. Mary Hawkins). Slaves bequeathed to Wade Hampton Dumas son, at his death without heirs to be divided among Lafayette Dumas, Wincey Autrey and Mary Hawkins. Wade Hampton Dumas died intestate 1853 with no children and a widow. Letters of Admr. granted Oct. 1853 to one Duncan who mar. widow (John W. Duncan mar. Elizabeth R. Dumas, Wilcox Co., June 28, 1854). (from pg.60, Vol.112, "Wilcox Co. AL Records" by Pauline Gandrud; from Evelyn Sigler 1/1984) (MAD: see Marengo Co. AL deeds 1856-1857; not identified on census)
Wilcox Co. AL Will records; each vol. individually indexed; wills 1820-1849; Will Books v.1-3 1826-1858 (FHL film 1,290,225)
Vol. 1820-1849 - no Duncan.
Vol.1, 1826-1844 - no Duncan
Vol.2, 1843-1850 - no Duncan
Vol.3, 1850-1858 - no Duncan
"Reports of cases argued and determined in the Supreme Court of Alabama during June term 1867 and January term 1868" by John W. Shepherd, Vol.XLI; Alabama Reports, Vol.41, pgs.391 to 392 (California State Law Library, Sacramento, 2/2004)
HAWKINS' Adm'r v. DUMAS; Supreme Court of Alabama; 41 Ala. 391; June, 1867, Decided.
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook.
This action was brought by Benjamin R. Thomas, as the administrator of Mary Hawkins, deceased, against Obadiah A. Dumas, to recover damages for the conversion of several slaves; and was commenced on the 23d day of February, 1858. The plaintiff deduced title to the slaves under a clause in the will of Azariah Dumas, deceased, (who was the father of Mrs. Mary Hawkins,) by which they were bequeathed to Wade Hampton Dumas, who was a son of said Azariah Dumas, "to have and to hold the same during his natural life, and at his death to the lawful heirs of his body; and in case of death without lawful heirs, to be equally divided between Lafayette Dumas, Wincey Autrey, and Mary Hawkins." Wade Hampton Dumas died, intestate, in 1853, leaving a widow, but no children; and letters of administration on his estate were granted, in October, 1853, to the defendant, who afterwards suffered the slaves to be removed beyond the limits of the State by one Duncan, who had married the widow of his intestate. The bill of exceptions purports to set out all the evidence introduced on the trial, and states that, "on the trial, the plaintiff read in evidence the will of Azariah Dumas, and probate thereof, as follows"; but the record does not show any probate of the will, though the certificate of the probate judge, appended to it, states that "the foregoing is a true and correct copy of the will now on file in my" [his] "office as the will of Azariah Dumas, deceased." The plaintiff reserved an exception to the ruling of the court in admitting, against his objection, evidence touching the value of the slaves sued for; and also to charge to the jury, "that, if they believed the evidence, they must find for the defendant"; and these rulings of the court, in consequence of which the plaintiff was compelled to take a nonsuit, are now assigned as error.
[opinion] BYRD, J. -- The bill of exceptions purports to set out all the evidence introduced on the trial. The appellant, not relying on previous possession, but upon title, as the ground of a recovery, introduced in evidence the will of Azariah Dumas, and attempted to show title under it. But it does not appear that the will was ever probated, as required by law, nor that Azariah Dumas is dead, unless we were to infer it from the certificate of the judge of probate, to the transcript introduced in evidence. The appellant cannot claim title to personal property through a will in this condition. The court, therefore, did not err in the charge given.
3. The appellant reserved an exception upon the admissibility of evidence, touching the value of the slaves sued for. As the appellant was not, under the testimony, entitled to recover the slaves, the evidence admitted was, at most, error without injury.
The judgment of the court below is affirmed.
JUDGE, J., not sitting.
"AL State Militia 1820-1865" alphabetical card file in AL State Archives, Clyde - D (FHL film 1,462,799; mostly in alphabetic order, Dunkin cards found later in file)
Duncan, Collins W., Lieutenant, 36th Regt., Wilcox; Com. April 10, 1827, Vice Tho. B. Ritchie. Authority: Military Register, State Militia, 1820-32.
AL Confederate Service Records, 1861-1865, cards in AL State Archives; Driver to Elich (FHL film 1,462,918)
MAD: most items were small typed cards, 3x5; some items were very blurred in the filming and were double images and hard to read. Cards had name and rank in upper left corner, service unit usually in upper right corner, notation if Home Guard, details from source were given in center of card, and the "Authority" as the last line on the card. The service record from the Historical Record Roll frequently listed several engagements he served in, dates wounded, absent, present, etc., and I usually did not copy all the details.
Duncan, John C., Private, Co.A, Andrew W. Bowie's Mounted Rangers, 8th Confed. Regt. Camden [Wilcox Co.] AL Minister of the Gospel. Authority: Compiled muster roll, presented to the Department Nov. 1, 1904.
Duncan, John C., Private, Co.A, Andrew W. Bowie's Mounted Rangers, 8th Confed. Regt. Camden, AL, Minister of the Gospel. Authority: Compiled muster roll presented to the Department by J.L. Stockdale Nov. 14, 1901.
Duncan, Jno. C., Private, Bowies Independent Co., enlisted at Talladega, July 15, mustered at Decatur Aug. 13, 1861. Authority: Record Roll, Camp Beauregard, Oct. 31, 1861.
Duncan, John C., Private (age 18), Bowie's Independent Co. Enlisted at Talladega, July 15, mustered at Decatur Aug. 13, 1861. Remarks: Value of horse $185, value of equipment (musician) $15. Authority: Record roll at Decatur Aug. 13, 1861.
Duncan, John C., Private, Co.A, 8th Confed. Regt. Age 19, Aug. 13 at Decatur, AL, 1 year, weight 140, height 5-10, shoe 7, hat 7-1/8, Talladega, AL. Authority: Muster in roll, John S. Lanier, Aug. 13, 1861 at Decatur, AL.
Duncan, John C., 1st Musician, Co.A, Andrew W. Bowie's Mounted Rangers, 8th Confed. Regt. Talladega, AL. Authority: Original muster roll, Andrew W. Bowie's Mounted Rangers.
AL Confederate Pension Applications, in AL State Archives, Duke - Dunn (FHL film 1,502,781)
MAD: Did not extract all pension applications for the same person if they gave no other genealogy information. Documents were extracted in order on film. Did not usually copy reason for pension request, which was frequently old age or rheumatism or feebleness; did not always copy witnesses names, which sometimes only said they knew the applicant was of good character and in need of the pension. "Cavalry" was frequently abbreviated "Calv" and spelled "Calvary." Did not usually copy the schedule of property unless it listed land. The complete pension papers should be rechecked individually, following is very brief extract of contents.
"DUNCAN," "T.J.", Wilcox Co. AL, Private Co.A, 23? AL. Affidavit, (heading in different handwriting: "T.F. Duncan") by T.J. Duncan? (Durnam? or Dunnam?), 10 July 1863, age 72, no real estate, two married daughters and one married son and all have dependent families, one unmarried son and one unmarried daughter, wife is 62 years of age. Application by T.F. DUNNAM, 10 July 1903, Wilcox Co. AL, Private 23rd AL Reg., enlisted 10 April 1862 at Camden, AL, discharged 24 June 1865, now age 72, eyes very bad and age; P.O. Nodawah.
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