Duncans in Leon Co. FL

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Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug

Last revised May 10, 2009

LEON CO. FL
Formed 1824 from Gadsden
Jefferson formed 1827 from Leon
Wakulla formed 1843 from Leon
 

CENSUS RECORDS

1830 Leon Co. FL Census
Pg.114  Benjn. Duncan     0000,01 - 0200,1    Tallahasee
   128  Thomas Duncan     1000,1  - 1100,1    (not Tallahasee)

1840 Leon Co. FL Census
      No Duncan indexed
 

1850 Leon Co. FL Census (no Duncan indexed)
8th Division
Pg.69, #428-428, John D. BRANCH 32 NC farmer $1000
                  Mahala Ann 32 NC
                  Christiana (f) 10, Henry 8, Mary 5 NC
                  John 3, Ellen 2 FL
                  (Robert D. Smith info 6/2003: from Halifax Co. NC; perhaps Martha Ann Duncan, wife of John D. Branch, in Halifax Co. NC deed 30-62)
 

1860 Leon Co. FL Census
      No Duncan indexed
 

1870 Leon Co. FL Census
Northern Division (Subdivision 22), P.O. Tallahassee
Pg.617, #2006-2062, BERRIERCAW?, Peter 48 SC farmer $600-$500
                  Amanda 27 FL keeping house
                  Josephine 23 FL
                  Fanny (f) 10 FL
                  Jesse (m) 18 FL
                  Mary 8, Charles 2 FL
                  DUNCAN, George 10 FL (white)
                  LARKINS, Janenthan (m) 8 FL
 

MARRIAGE RECORDS

Leon Co. FL Marriage Index 1825-1959, white v.1-2 (FHL film 983,459 item 1-2; SLC 2/2009)
      Duncan, Nathan to Hollis, Nancy, #128, married 5/5/1831, X19
      Duncan, Joshua to Saunders, Jack Ann, #1519, married 12/19/1867, A-52
      Duncan, Rebecca to Hay, Turner, #715, (no date, between 2/1845 and 12/1849), X-125
      X-125, #715, Turner, Hay to Rebecca Duncan, no date (#714 was dated 30 Oct. 1846, #716 was 24 Nov. 1846)
      Quit; next was after 1888
 

ESTATE RECORDS

Leon Co. FL Probate Records, indexes to estates (SLC 2/2009)
   Index 1831-1974 (FHL film 983,470)
      No Duncan to 1890
   Index 1831-1953 (FHL film 983,469)
      No Duncan to 1890
 

LAND RECORDS

Bureau of Land Management, General Land Office Records; Tallahassee [Leon Co.], FL, Land Office, Act/Treaty of April 24, 1820, Entry Classification: Sale-Cash Entry (Internet address as of 6/3/2001)
      http://www.glorecords.blm.gov/
      Name, Acres, Date land document signed, County
      Duncan, Hugh, 40.14a, Jan 09 1841, Jefferson (MAD: ? 1830 Jefferson Co. FL census)
      Duncan, James, 79.75a, Jul 28 1838, Hamilton (MAD: 1830-1860 Hamilton Co. FL census)
      Duncan, James, 80a, Jul 28 1838, Hamilton and Suwannee (MAD: 1830-1860 Hamilton Co. FL census)
      Duncan, James, 80.47a, Jan 09 1841, Hamilton
      Duncan, James, 120.28a, Sep 01 1852, Hamilton
      Duncan, James, 80.15a, Apr 02 1860, Hamilton
      Duncan, James, 120.31a, Jul 02 1860, Hamilton
      Duncan, James, 80a, Apr 09 1861, Hamilton
      Duncan, Jane, 40.23a, Apr 10 1848, Hamilton (MAD: ? 1850 wife of James)
      Duncan, Leven, 200.34a, Jun 16 1856, Jackson (MAD: 1860 Jackson Co. FL census)
      Duncan, Rebecca L, 40a, Jun 16 1856, Hamilton and Suwannee (MAD: ? 1860 Jefferson Co. FL census or 1860 Hamilton Co. FL census wife of William J.J. Duncan)
      Duncan, Thomas, 39.78a, Apr 10 1848, Gadsden (MAD: ? 1860 Holmes Co. FL census)
      Duncan, Wiley W, 40.26a, Nov 01 1848, Hamilton (MAD: 1850 Hamilton Co. FL census; 1860 Levy Co. FL census)
      Duncan, William J, 80.53a, Nov 01 1848, Hamilton (MAD: 1850-1860 Hamilton Co. FL census)
      Duncan, William J, 235.5a, Jun 16 1856, Hamilton and Suwannee (MAD: 1850-1860 Hamilton Co. FL census)
      Duncan, William J, 80.31a, Apr 02 1860, Hamilton
 

Leon Co. FL Deeds 1825-1867; general index for v.A-N 1825-1867 (FHL film 980,098; SLC 2/2009)
      No Duncan
 

COURT RECORDS

Leon Co. FL Chancery Packets 1837-1902 (Circuit Court) Index 1825-1935 (FHL film 987,269 item 1; SLC 2/2009)
      No Duncan until 1912
 

Leon Co. FL Law Case Papers 1825-1925 (Circuit Court) Index 1825-1925 (FHL film 987,269 item 2; SLC 2/2009)
      No Duncan until 1886, Joshua Duncan, not copied
 

Leon Co. FL Old Chancery Court (Circuit Court) Order book, Vol.1, 1841-1878 (FHL film 980,124; SLC 2/2009)
      No index
 

"Reports of cases argued and adjudged in the Supreme court of Florida; at terms held in 1857" ("Florida Reports") Vol.7, by Mariano D. Paysy, pgs.81 to 207 (California State Law Library, Sacramento, 12/2003) (MAD: copied only because of the reference to the Clark Co. KY court case re Abijah Duncan)
      HENRIETTA SMITH, in her own right and as Administratrix of WILLIAM HENRY CROOM, HENRIETTA MARY CROOM and JUSTINA CROOM, and ELIZABETH M. ARMISTEAD, Appellants, vs. BRYAN CROOM, in his own right and as Adm'r. of HARDY B. CROOM, dec'd, and others, Appellees; Supreme Court of Florida; 7 Fla. 81; January, 1857, Decided. (Rehearing Denied, 7 Fla. 81 at pg.180)
      Appeal from Leon Circuit Court. This was a bill in chancery, instituted by the appellants as complainants below against the appellees.
      Hardy B. Croom and his wife Frances, his daughter Henrietta, his son William and his daughter Justina, all perished by the wreck of the steamboat Home, 9th October, 1837.
      Mrs. Frances Croom was the daughter of complainant, Henrietta Smith, and the sister of complainant, Elizabeth Armistead.
      If any of the children of Hardy B. Croom survived him, the estate personal of that child or children, by the statute of North Carolina, goes in distribution to the "next of kin" of the child, which is the grandmother, Mrs. Smith, she being the only person then living standing in that degree of relationship to the children. To make the statutes of North Carolina operative upon the estate, the domicil of the child or children must have been in North Carolina. The bill therefore alleges that such was the domicil, and that the children did survive the father, and the personalty is claimed, therefore, for Henrietta Smith as sole distributee. Mrs. Armistead, under the laws of Florida, (which control the real estate in Florida,) would be entitled equally with her mother to a part of the real estate in Florida, she being the aunt of the children of Hardy B. Croom and the only person standing in that degree of relationship on the maternal side -- hence Mrs. Armistead is made complainant also.
      Hardy B. Croom left several brothers and one sister, all of whose interests are held by Bryan Croom, one of the brothers and defendant to the suit.
      Bryan Croom administered on the estate of Hardy (who died intestate,) and qualified as such in Leon county, Florida, where Hardy B. Croom had a plantation and negroes and most of his property. He defends against the complainants' allegations and insists that Hardy B. Croom survived his wife and children, and that therefore he and his brothers and sisters were entitled to the estate by descent and distribution from Hardy, the said Hardy having no child at his death, or father or mother; that such title vests in them whether the domicil were North Carolina or Florida.
      He further insists, that even if any child or children of Hardy survived him, the domicil of Hardy, and hence of the children also, was Florida, and that by the act of 1829, the estate, personal as well as real, of an infant intestate would pass to defendants as next of kin of Hardy, through whom the infant derived the inheritance, and that all the children died in infancy.
      At a hearing before Judge King, he dismissed the bill, and from this decree the appeal was taken by complainants. (MAD: much more not copied here about a storm on 9 Oct. 1837 which wrecked the steamboat 'Home,' on the passage from New York to Charleston.)
      (opinion) ... In the case of Duncan vs. Lafferty's Adm'rs, &c., reported in 6 J.J. Marsh. 46, the Court was called upon to construe the 6th section of the Act of the Legislature of Kentucky of 1796, which section provided that "where an infant dies without issue, having title to any real estate of inheritance, derived by purchase or descent from the mother, neither the father of such infant, nor any issue which he may have by any person other than the mother of such infant, shall succeed to or enjoy the same," &c. The facts in this case were as follows: Abijah Brooks died leaving a tract of land, part of which descended to his grandson, Abijah Duncan, whose mother was a daughter of Brooks and wife of the plaintiff in error; but she died before her father, and consequently the estate was cast upon her son, by descent, directly from the grandfather. -- Abijah Duncan died when a minor, leaving neither wife nor child. The question presented to the Court was whether, under the 6th section of the Act of 1796, the estate of the deceased infant would pass to the maternal kindred, and the Court decided, that in order to let in the maternal kindred in exclusion of the father of the deceased infant, the estate must have come from the mother herself. The Court, in delivering their opinion, say that it would require great latitude of construction to make the term mother include grandfather; and so in this case, we are of the opinion that it would require as great latitude of construction to make the term father include sister; for, as said by the Court in the case cited, the term father might with equal propriety be made to include uncles, aunts and cousins.
      ... The judgment of this Court therefore is, that the decree of the Chancellor ordering the bill in this cause to be dismissed, be reversed, and that the cause be remanded, with direction to proceed therein in accordance with the rulings contained in this opinion.
      Note by Justice DuPont. -- It is due to the Hon. J. J Finley, the Circuit Judge of the Western Circuit, who sat at the hearing of this case in the place of the Chief Justice, who was disqualified, to state, that the entire argument upon the construction of the statute of descents, contained in the foregoing opinion, was prepared by him.
 

MILITARY RECORDS

Florida CSA Pension Application Files Index; Record Group 137, Series 587 (Internet address as of 6/25/2000)
      http://www.dos.state.fl.us/dlis/barm/PensionIntroduction.htm
      ... The first Confederate pensions in Florida were authorized in 1885 ... The pension application files include both veterans' and widows' applications interfiled, although approved and denied claims are filed separately. ... Confederate pensions were awarded to residents of Florida regardless of the state in which their service was rendered. The index is arranged by application file number and includes the veteran's name, his unit of service, state of service (if other than Florida), widow's first and maiden name, county from which the application was filed, and the earliest year of application.
      A00417, DUNCAN, William, 3rd Regt Inf, Sarah (Clayton), Leon Co, 1902, 14 pgs (MAD: mar. 5/25/1876 Jefferson Co. FL)
      A01840, DUNCAN, Joshua, 3rd Regt Inf, Elizabeth (Holtzclaw), Leon Co, 1886, 20 pgs; also A05505, DUNCAN, Joshua, (See A01840) (MAD: mar. 12/11/1872 Jefferson Co. FL)
 

END

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