Duncans in Nicholas Co. KY


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

Last revised July 14, 2013

Formed 1799 from Bourbon, Mason
Robertson formed 1867 from Nicholas, Bracken, Mason, Fleming, Harrison


1810 Nicholas Co. KY Census
Pg. 57  Duncan, Archel       42110  - 01110
          (MAD: Archibald Duncan; had been on 1800 delinquent tax
            list in Pendleton Co. KY as "moved to Nicholas")
    58  Duncan, William      00101  - 12101
          (MAD: see Harrison Co. KY)
          (2 names between)
        Duncan, Joseph       10001  - 01000
        Duncan, James        00010  - 20100
          (MAD: son of Joseph d. 1822 Harrison Co. KY)

1820 Nicholas Co. KY Census
Pg.107  Benjamin Duncan      100010 - 20200

1830-1840 Nicholas Co. KY Census
      No Duncan indexed

1850 Nicholas Co. KY Census
District 2
Pg.400, #138, Joshua PARRISH 25 KY laborer
                  Amanda M. 29 KY
                  Mary E. 7, Eliza J. 6, W.H. (m) 5 KY
                  Lurena 3, Mary F. 2 KY
                  William DUNCAN 18 KY laborer
                  Hugh DUNCAN 24 KY farmer
District 1
Pg.448, #21, George DUNCAN Jr. 45 VA BLACK laborer
                  George DUNCAN Sr. 90 VA BLACK
Pg.448, #22, Philip BUCKNER 65 VA BLACK (blank)
                  Mary 55 VA BLACK
                  Nancy DUNCAN 89 VA BLACK

1860 Nicholas Co. KY Census P.O. Carlisle
Pg.315, #284, Alexander HARBETT 30 KY carpenter $0-$200
                  Elizabeth 22 KY
                  Wm. J?. 3, John 2 KY
                  Root? H.(m) 3/12 (8/12?) KY (faint)
                  (MAD: was looking for Frederick Harbitt mar. Jemima Duncan 1/6/1855; not found)
District 1, P.O. Buzzard Roost
Pg.323, #339, George DUNCAN 58 VA MULATTO (blank) $50-$150 (alone)
P.O. Carlisle
Pg.352, #539, A.J. DUNCAN (m) 31 KY farmer $1120-$1280
                  Elizabeth 20 KY
                  Mary A. 4, Wm. S. 9/12 KY
                  Peter MURPHY 21 ENG $0-$125
Pg.359, #593, Thomas M. McILVAINE 25 KY farmer $2550-1830
                  Sarah 25 KY
                  Joseph 4, Charles 1 KY
                  Hugh DUNCAN 35 KY farm hand $0-$0
P.O. Foust Retreat
Pg.401, #18, James L. BARNETT 59 KY farmer $360-$500
                  E?.D?. Anne M. 58 KY
                  Mary OSERBAG? 67 KY
                  Mahala R. DUNCAN 11 KY
                  John BARNETT 31 KY farmer $360-$500
                  Elizabeth M. 22 KY
                  Mary E. 3, infant (m) 1/12 KY

1870 Nicholas Co. KY Census (pg.269 also from Kathy Cawley 2/2002)
Precinct #3, P.O. Oakland Mills
Pg.231, #2-2, PARIS?, Lavina 40 KY (white) keeping house $0-$0
                  Josiah 30 KY (white) blacksmith $500-$600
                  Sarah A. 25 KY house keeping
                  Eliza T. 20, Lucy E. 17 KY
                  James 4, John W. 2 KY
                  Wallace (m) 3/12 KY b.Feby.
                  DUNCAN, Hugh 45 KY (white) works on farm
                  DAVIDSON, Thos. 16 KY (white) works on farm
Precinct #4, P.O. Carlisle
Pg.248, #54-54, CARTER, Richard 44 KY (white) farmer $3000-$800
                  Sarah A. 43 KY keeping house
                  Belle (f) 19 KY seamstres
                  George T. 17 KY works on farm
                  Martha A. 15 KY
                  John R. 13 KY
                  COTTINGHAM, Wm. 26 KY school teacher
                  DUNCAN, James 11 KY
Pg.260, #216-216, DUNCAN, Coleman (m) 34 KY (white) farmer $1000-$1000
                  Nancy 34 KY keeping house
                  Jackson 14, Emily 12 KY
                  Richard 10 KY
                  Lucy 8, Wm. 3 KY
                  (MAD: 1860 Montgomery Co. KY census)
Pg.269, #124-124, DUNCAN, John 41 KY (white) farmer $1220-$400
                  Elizabeth 30 KY keeping house
                  Will S. (m) 10 KY attending school
                  Sophia (f) 8, Albert (m) 3 KY
                  James E. 3/12 KY b.Apr.
                  MYERS, Thomas 21 KY (white) farmer mar. Mar.
                  M. Alice (f) 14 KY mar. Mar.
                  (MAD: ? A.J. Duncan in 1860 and 1880 census)
Town of Carlisle
Pg.280, #51-51, TONSON, Henry 26 KY BLACK farmer $0-$0
                  Louisa 26 KY BLACK keeping house
                  Minerva 10 KY BLACK
                  Jack 8, Bell (f) 2 KY MULATTO
                  Amanda 52 KY MULATTO
                  Bruce ("f") 21 KY MULATTO carpenter
                  SEARS, Wm. 28 KY MULATTO pedler
                  DUNCAN, Perry 27 KY MULATTO pedler
Precinct #5, P.O. East Union
Pg.292, #161-167, DUNCAN, Jos. 25 KY (white) farmer $0-$300
                  Sarah 23 KY keeping house
                  Nancy 4, James 1 KY
Pg.292, #162-168, DUNCAN, Jas. 50 KY (white) farmer $1500-$500
                  Mary A. 50 KY keeping house
                  Wm. 22, John 18 KY farm laborers
                  Susan 15, Granville (m) 13 KY
                  George 8 KY
                  Maggie 5 KY
                  (MAD: 1850 Montgomery Co. KY census)
Precinct #6, P.O. Carlisle
Pg.299, # indexed Eson Duncan, Carlisle - not found
Pg.300, #108-108, DUNCAN, Geo. (m) 66 VA BLACK farmer $100-$200
                  Mathies (f) 56 KY BLACK keeping house
                  Thomas 30 KY BLACK farm laborer


Nicholas Co. KY Probate Records (FHL film 252,377)
      No Archibald Duncan estate indexed; listed on pg.167, Nicholas Co. Estate Settlements, in "Blue Grass Roots" Vol.10, 1983, as Archibald Duncan, Sept. 15, 1836.
   Book A, 1800-1806 - no Duncan
   Book B, 1816-1829
      B-153: Feb. 1822?, settlement of estate of James Duncan, decd; admr. Archibald Duncan, 10 Feb. 1822.
      B-172/3: Dec. 1823, Benoni Duncan's sale bill, filed by James Buchanan admr. Purchasers include James Buchanan, Mrs. Duncan, Wm. Duncan, Jeremiah Prather, William Hunter, & many others not copied here. B-173/4: Inventory by George Fielden, John Brown, James B. Stanchford.
      B-234/5: Settlement of estate of Benoni Duncan, decd, at house of George Fielder on 12 Aug. 1824. Incl. amounts recd. from notes on J. Durye?, D. McCarthy, amounts paid on notes to Loch, Chandler, Lane, Wheeler (no first name), and his own (James Buchanan).
   Book C, 1830-1839
      C-284/5: June 18, 1834, commissioners W.J. Williams, Joseph Bishop & John Standiford, settlement with James Buchanan, admr. of estate of Phebe Duncan decd: Incl. rent of farm for 1824 and 5 months of 1825, $43; cutting & hauling wood for the above time; hauling her goods to my house and washing them; ... visits to doctor; sending papers to Indiana against William Hunter for note he gave the estate; J. Hunters account for boarding Preston Duncan; W. Bingham for schooling Mahala Duncan; to guardian ?? bill Preston Duncan not found (MAD: apparently missing bill not attached to claim filed with court); to ?? for schooling Mary Duncan. Recorded July 1834.

Nicholas Co. KY County Court Order Books
   Book C (FHL film 252,380; not indexed; and from "KY Kinfolk" Vol.1#3, pg.4, Nicholas Co. KY orphans under age 18)
      C-185: Feb. 1814, Mason Duncan is appointed guardian to Kitty, William, and Lydia Duncan, infants of James Duncan, dec. (MAD: grandchildren of Joseph d. 1822)
      Feb. 1815, William Hardin, Guardian to Nancy and Wineford Duncan, heirs of James Duncan, dec.
   Book D, 1818-1823 - no Duncan (FHL film 252,381)
   Book E, 1823-1834
      E-492: Oct. 1833, order for settlement of Phebe Duncan estate with James Buchanan admr.
      E-532: July 1834, return of settlement of Phebe Duncan estate; ordered filed.
   Book F, 1834-1846
      F-80: Dec. 1836, settlement with admr. of James Duncan decd, returned, filed, and continued to next term.
      F-84: Jan. 1837, Settlement of (blank) Duncan decd. ordered recorded.
      F-101: May 1837, Elizabeth Duncan on charge of bastardy against Josiah W. McCabe, she did not appear, defendant discharged.


Nicholas Co. KY Deeds (FHL film 252,367 index 1800-1855)
      C-439: William Duncan to Mason Duncan, 1814
      L-281: Henry T. Duncan to Andrew W. Turner, 1837
      L-380: Henry T. Duncan from Hannah Pyke, 1837
      P-237: William A. Duncan to Ansil? Hericum?, 1851
      P-256: William A. Duncan from Benj. F. & C. Blanton, 1851
      A-117: 18 Jan. 1802, John Kenton and wife Eleanor of Mason Co. KY to William Duncan of Nicholas Co., $500, land (acres not given), 32 poles, 16 poles, 74 poles, 200 poles, 120 poles; on Little Beaver, corner Jacob Ashcraft, Dailey's line, Monroe's line. Wit. Thomas Throckmorton, Joseph McClintock, John S. Dailey, Mason Duncan. Rec. on oath of Joseph McClintock, Mason Duncan, John S. Dailey. (FHL film 252,368) (MAD: see Harrison Co. KY)
      A-347: 29 Aug. 1805, Simon Kenton and wife Elizabeth of Champain (sic) Co. OH, to Joseph Duncan of Nicholas Co. KY, £194, 324 acres, part of 4,242 acres located by said Simon Kenton for James Monroe on Little Beaver Creek, adj. James Watson's line, John Burns corner, Jacob Jones line. Wit. Jacob Jones, William Davis, Samuel Davis. Rec. on oath of wit. (FHL film 252,368)
      C-77: 26 May 1809, William (X) Asberry Senior to William Duncan, both Nicholas Co. KY, £10, 300 acres on Little Beaver, part of a tract purchased from John Newton of Mason Co., adj. lines of William Duncan's land. Wit. Thomas Throckmorton Jr., Henry Asberry, John Ungles. Reg. on oath of wit. 1 Aug. 1809. (FHL film 252,368)
      C-439: 24 April 1813, William (X) Duncan to Mason Duncan, both Nicholas Co. KY, for love of his son, negro girl Rachel aged about 5 years. Wit. Martin Marshall. (FHL film 252,368, and from Dorothy Kincaid 10/1987)
      D-167: 18 July 1809, Joseph Duncan Sr. to Archibald Duncan, both Nicholas Co. KY, "Joseph Duncan Senr (by order of his son Washington Duncan)" for $300, 162 acres, a part of half of 324 acres purchased from Simon Kenton being part of 4,242 acres Kenton located for James Monroe, adj. Watson's line, John Burns corner, Jones line. /s/ Joseph Duncan. Wit. John Davis, Caleb Moncreif, Robert Davis. Proven by Robert and John Davis. (FHL film 252,369)
      D-289: 17 March 1815, William Henry of Scott Co. KY to William Duncan of Nicholas Co., $25, 50 acres, a part of his 5,300 acre survey, corner to land deeded to him by John Kenton, Monroe's line, in case the land hereby conveyed shall be lost by a better claim, Henry will pay Duncan $25. Wit. John L. Daley, Wm. Armstrong. (FHL film 252,369)
      E-14: 14 March 1816, Joseph Duncan to Claiborn Collier, both Nicholas Co., Joseph Duncan to provide for his daughter Matilda Collier, wife of Claiborn Collier; negro girl Sally, retaining life estate. Wit. Nicholas Amos, James H. Collier. (FHL film 252,369)
      F-52: 25 Feb. 1822, Thomas Bodley and wife Catharine of Fayette Co. to Benjamin Duncan of Nicholas Co., $86.81-3/4, 115+ acres on Buchanan Creek, a branch of main Licking, part of Danl. Darby & John Marie's survey of 30,000 acres, corner said Darby & Marie's orig. line. Wit. Wm. Routt, Elise? Metcalf, Jos. S. Pepper. (FHL film 252,370)
      H-368: 5 June 1822, Joseph Bartlett, James Wilson & wife Dorcas (Bartlett), Ashford Prather and wife Polly (Bartlett), James Buchanan and wife Nancy (Bartlett), Benoni Duncan and wife Phebe (Bartlett), George Swarts and wife Betsy (Bartlett), and Samuel Bartlett, children and heirs of William Bartlett decd, to Ebenezer Bartlett of Fleming Co., KY; also mention William Bartlett, decd, left 2 children; Ann Foster, decd, left 7 children; widow Phebe Bartlett. (FHL film 252,371; and from "KY Pioneers and Their Descendants" by Ila Earle Fowler, with added info: "Note on same page: Marriage bond reads "Feaby" Bartlett married Benoni Duncan in Adams Co., OH, 21 Nov. 1811.")
            (MAD: "KY Pioneers and Their Descendants" by Ila Earle Fowler, on pg.6, quotes from an article in the "Carlisle Mercury" [Nicholas Co. KY] of September 23, 1926, about the family of Ebenezer Bartlett and Rebecca Standiford and includes their daughter Malinda Bartlett, born 11-12-1820; died November, 1903; married 12-13-1838 [MAD: mar. Hancock Co. IL], her 1st cousin, William Preston Duncan (born 9-27-1815); Malinda (Bartlett) Duncan married 2nd, Elias Bower, 3-4-1851. Lived La Harpe [Hancock Co.], Illinois.)

Nicholas Co. KY Deeds (SLC 5/2/2013)
   Deeds, v. K-L, 1832-1839. (FHL film 252,372)
      L-380/381: 27 (blank month) 1837, Mrs. Hannah Pyke, widow and relict of Samuel Pyke decd, of Bourbon Co. KY, to Henry T. Duncan of afsd, in consideration of a conveyance of even date by said Henry T. and Eliza his wife to said Hannah and $1 paid, sell parcel of ground and the premises thereon in the town of Carlisle, Nicholas Co. KY, fronting on Front Street, beg. at NW corner of Lot No.22, then SW with line of said lot to Sugartree Alley, then to corner of John S. Morgan's lot, then to his corner on said Front Street, then to the beginning, being part of lot No.21. The interest and title hereby intended to be conveyed being the right of dower of said Hannah therein as the widow of said Saml. Pyle. The fee simple estate being already vested in the said Eliza Duncan as heir at law of the decedent. Together with premises, improvements, ... belonging, warrant title. /s/ Hannah Pyke. Ack. 27 Nov. 1837 in Bourbon Co. KY, admitted to record 8 Jan. 1838.
      L-381/382: 1 Jan. 1838, Henry T. Duncan and Eliza his wife of Bourbon Co. KY to Andrew W. Turner of Nicholas Co. KY, for $800 paid, sell parcel of ground and premises thereon in town of Carlisle, Nicholas Co. KY, fronting on Front Street, beg. at NW corner of Lot No.22, then SW with line of said lot to Sugartree Alley, then to corner of John S. Morgan's lot, then to his corner on said Front Street, then to the beginning, being part of lot No.21, together with premises and appurtenances, warrant title. /s/ H.T. Duncan, Eliza Duncan. Ack. by Henry T. Duncan and Eliza his wife on 1 Jan. 1838. Recorded 8 Jan. 1838.
   Deeds, v. P-Q, 1849-1855. (FHL film 252,374)
      P-237/238: 31 March 1851, Wm. A. Duncan of Lincoln Co. MO to Daniel Honican of Nicholas Co. KY, sold 1/4 of 2 lots of land in Nicholas Co. on Bee Lick and Lick Run agreeable to a division made for the heirs of Anthony Thornton decd, being 1/4 of said 2 lots of 500 acres each and said interest amounting to 250 acres, and William A. Duncan has also sold all his interest to the two lots, being 250 acres, for $250 paid, warrant title; Lot No.3 beginning at F at 2 white oaks ..., Lot No.4 beginning at F. at two white oaks then ... /s/ Wm. A. Duncan. Wit. Cyrus Nichols, Malcolm Wood. Proved on oaths of Cyrus Nicholes and Malcolm Wood before H.M. Carter, deputy clerk of Nicholas Co. KY.
      P-256/257: 14 March 1851, Whereas Thompson Blanton & Elizabeth his wife formerly Elizabeth Thompson have both lately died in Lincoln Co. MO where they had resided many years leaving 5 children and heirs, to wit, Benjamin F. Blanton, John C. Blanton, Richard H. Blanton, Eleanor T. Blanton and Anderson T. Blanton, the said Thompson Blanton decd. was the son of John Blanton formerly of Franklin or Woodford Co. KY and the said Elizabeth Blanton his wife was the daughter of David Thompson formerly of said Woodford Co., and the said Thompson Blanton and Elizabeth his wife were each entitled to some land by descent or otherwise from their parents located in the State of KY, one tract supposed to be in the county of Nicholas and another in the county of Ohio, NOW therefore we, Benjamin F. Blanton and Alice Jane his wife in Madison Co. MO, John C. Blanton and Elizabeth his wife, Richard H. Blanton, Eleanor T. now the wife of Wm. A. Duncan, and Anderson T. Blanton of Lincoln Co. MO afsd, being all of the five children and heirs of the said Thompson Blanton and Elizabeth his wife, for $40 paid by Wm. A. Duncan the husband of Eleanor T. who is one of the children and heirs afsd, release and quit claim to said Wm. A. Duncan and his heirs and assigns our interest in any and all lands in the State of KY afsd in whatever county the same may be that we may be entitled to by descent from our said parents or otherwise. /s/ Richard H. Blanton, Eleanor T. Duncan, Anderson (X) T. Blanton, John C. Blanton, Elizabeth Blanton, B.F. Blanton, Ailsey J. Blanton. Madison Co. MO, Benjamin F. Blanton and Alice Jane Blanton his wife ack. deed 19 March 1851 before Uriah Duncan, Judge, certified 22 March 1851 by Edward Evans, Clerk. 14 March 1851, Lincoln Co. MO, John C. Blanton and Elizabeth Blanton his wife, Richard H. Blanton, Eleanor T. Duncan wife of Wm. A. Duncan, and Anderson T. Blanton ack. deed before Macon N?. Shelton, J. L.C. Court, MO, certified 14 March 1851. Recorded Nicholas Co. KY Court 5 April 1851.


Nicholas Co. KY Tax Records (FHL film 8,185)
1800: no Duncan
1801: Dunkin, Joseph, 334a on Licking, 2 voters, 3 whites & nobles, 2 slaves over 16, 5 slaves under 16, 4 horses
1802: Duncan, William, 150a Beaver Creek name of Henry Kenton, 2 whites, 1 black, 4 total black, 3 horses
1803: Duncan, Joseph, 324a Licking, entry in name of Moor & Monroe, 2 voters over 21, 2 whites & tithes, 2 black tithes, 7 total blacks, 5 horses & mares
      Duncan, James - 1w, 1b, 2h
      Duncan, William - 150a L. Beaver, Kenton & Henry entry, 2 voters over 21, 1 tithe, 1 black tithe, 5 total black, 5 horses
1804: Duncan, William, 150a Little Beaver, 0 white over 21, 3 over 10 & under 21, 1 black over 16, 5 total black, 5 horses
      Duncan, Joseph, 374a Little Beaver, name of J. Munroe, 3 white over 21, 0 white 10-21, 4 black over 16, 6 total black, 5 horses
      Duncan, James, 1 white over 21, 1 horse
1805: Duncan, Armstrong (sic), 1 white, 1 horse
      Duncan, William, 150a Little Beaver, 0 white over 21, 2 white 10-21, 1 black over 16, 4 total black, 6 horses
      Duncan, Joseph, 324a Little Beaver name James Munroe, 1 white over 21, 0 white 10-21, 4 black over 16, 6 total black, 4 horses
      Duncan, James, 1 white over 21, 2 horses
1806: none
1807: Dunkin, Joseph, 324a Little Beaver, name Jas. Munroe, 1 voter, 1 over 21, 0 10-21, 4 black over 16, 5 total black, 5 horses
      Dunkin, William, 150a Little Beaver, 0 voters, 0 over 21, 1 white 10-21, 1 black over 16, 3 total black, 5 horses
      Dunkin, James, 1 voter, 1 over 21, 2 horses
1808: Dunkin, William, 150a Little Beaver name of Henry, 0 over 21, 1 white 16-21, 1 black over 16, 3 total black, 3 horses
      Dunkin, James, 1 white over 21, 1 horse
      Dunkin, Joseph, 324a Little Beaver, name of Kenton, 1 over 21, 0 16-21, 4 black over 16, 5 total black, 6 horses
1809: Dunkin, Joseph, 162a Little Beaver, 1 white, 1 black tithe, 4 total black, 5 horses.
      Dunkin, James, 1 white, 2 horses
      Dunkin, Archible, 162a Little Beaver, name Munroe, 1 white, 4 black, 4 total black, 6 horses (MAD: had been on 1810 delinquent tax list marked "removed to Nicholas Co." in Pendleton Co. KY Order Book B-293; from "Abstracts of Pendleton Co. KY Order Books A-B, 1799-1814" by Janet Pease; FHL book 976.933 P2p v.1)
      Dunkin, William, 153a Little Beaver, name Henry, 1 white, 1 black, 4 total black, 4 horses
1810: Duncan, Archibald, 162a Licking, name of Munroe, 1 white over 21, 3 black over 16, 3 total black, 8 horses
      Duncan, James, 1 white, 3 horses
      (list water stained and hard to read, no other Duncan spotted)
1811: Duncan, William, 153a, 1 voter, 1 white over 16, 1 black over 16, 4 total black, 8 horses
      Duncan, Archibald, 162a, 1-1-4-4-10
      Duncan, James, 1-1-0-0-2
      Duncan, Joseph, 162a, 1-1-4-7-6
1812: Duncan, Joseph Senr, 162a, 1 white over 21, 4 black over 16, 7 total black, 6 horses
      Duncan, Archibald, 162a, 1-3-3-8
      Duncan, James, 1-0-0-2
      Duncan, William, 153a, 0-2-4-5
      Duncan, Benone, 1-0-0-2
      Duncan, Mason, 1-0-0-3
1813: Duncan, Benone, 13th Regt. in Capt. Colliers Co., 145a on Buchanan, name of W. Bell, 1 white over 21, 0 blacks over 16, 0 total blacks, 4 horses
      Duncan, Archd., 13th Reg., Throckmorton's Co., 162a Beaver, 1-4-4-8
      Duncan, William, 153a, 0-2-4-5
      Duncan, Joseph, 162a, 1-4-8-5
      Duncan, Mason, 1-0-0-2
      Duncan, James, 1-0-0-2
1814: Duncan, Benoney, 100a Buchanan, 1-0-0-5
      Duncan, Joseph, 162a Little Beaver, 1-4-8-5
      Duncan, William, 153a, 0-2-4-3
      Duncan, Mason, 1-0-1-2
      Duncan, Archibald, 162a, 1-3-3-7
1815: Duncan, Benoni, 115a Collins Company, Buckhanan, 1 voter, 1 white over 21, 0 black over 16, 0 total black, 2 horses
      Duncan, William, 150a & 50a Beaver, 1-0-2-4-5
      Duncan, Mason, 1-1-0-2-2
      Duncan, Joseph, 162a, 1-1-5-7-5
      Duncan, Archibald, 162a, 1-1-3-4-6
1816: Duncan, Benoni, 115a Buckhanan name of Darley, 1 white over 21, 1 black over 16, 1 total black, 3 horses
      Duncan, William, 200a Beaver, 0-2-3-6
      Duncan, Joseph, 162a Beaver, 1-4-7-3
      Duncan, Mason, 1-0-1-2
      Duncan, Archibald, 162a Beaver, 1-3-4-6
1817: None found (water stained)
1818: no Duncan
1819: no Duncan
1820: Duncan, Benjamin, 1 white over 21, 0 blacks over 16, 0 total blacks, 0 horses
1821: Duncan, Benona, 1-0-0-2
1822: Duncan, Benjamin, 1-0-0-2
1823: Duncan, Benjamin, 1 voter, 1 white over 21, 0 horses
1824: Duncan, Pheba, 1 horse
1825, 1826, 1827: no Duncan


"Kentucky Opinions containing unreported opinions of the Court of Appeals" June 11, 1872, to June 16, 1873, by J. Morgan Chinn, Ex-Clerk, Vol.6; Kentucky Opinions, Vol.6, pgs.18 to 21 (California State Law Library, Sacramento, 2/2004)
      H. T. DUNCAN, JR., v. SAMUEL L. WILLIAMS; Court of Appeals of Kentucky; 6 Ky. Op. 18; September 21, 1872, Decided.
      APPEAL from Nicholas Circuit Court.
      Opinion by Judge Pryor:
      By the terms of the contract made between J. B. Bowman, H. T. Duncan and R. L. Williams as agent for his father, dated the 17th of September, 1864, and executed prior to the purchase of the Williams land by Bowman, the appellant expressly agreed to pay the claim of General Williams, the appellee. The consideration for this undertaking was that in the purchase thereafter, to be made by the parties of the land, the appellant was to have and hold in his own right certain sections of the land more valuable than those to be taken by Bowman. The contract recites that said Bowman and Duncan, wishing to purchase the land, and R. L. Williams, wishing to purchase it, to secure the interest of his father, General Samuel Williams, it is therefore mutually agreed, etc. Then follows the agreement on the part of the appellant to pay this claim now in controversy. This liability of the appellee on account of his son, John S. Williams, is the only claim alluded to by the witnesses, and in ascertaining the intent and meaning of the contract referred to, no other conclusion can be arrived at, from the writing itself and the testimony connected with it, than the appellant agreed to pay this judgment of Holloway and thereby release the appellee from any liability therefor. It is insisted, however, that the contract was rescinded by the consent of all the parties the evening before Bowman's purchase. It seems that an attorney advised the parties that such a contract as they had made with reference to the bidding and purchase of the property would invalidate the sale and for that reason alone the parties agreed that the contract should be annulled but with the mutual understanding, as the testimony shows, that after the purchase by Bowman its terms were to be complied with, in other words, the parties were only endeavoring to avoid the effect that such a contract might have upon the sale. Bowman, after his purchase of the land, executed the contract so far as he was obligated to the very letter, by surrendering to the appellant all the land he was entitled to by the terms of that instrument, or the parol agreement, made after the alleged rescission of the written contract.
      Bowman's testimony is, that the contract was cancelled by the advice of an attorney and that the arrangement then agreed upon was: "That he, Bowman, was to purchase all the land and that Duncan was to purchase a portion of them subsequently to the sale. It was also understood that Duncan was to pay off the liability of General Williams as surety of John S. Williams on the guardian's bond estimated to be about $10,000.
      This is all that the witness Bowman knows of the agreement. This statement of Bowman is of itself conclusive of the rights of the parties to this controversy. The appellants not only get the same land that he was to get by the terms of the written contract, but proceeds to pay off the Holloway judgment. He may have regarded this payment as a purchase of the judgment from Holloway, but the facts appearing in the record sustains no such view of the case. If the appellant purchased the judgment of Holloway and there was no contract binding the appellant to pay it, we can not well see how it was to become entitled to the claims in Clark garnisheed by the appellee for the purpose of indemnifying him as the surety of his son. These claims the appellant collected and applied to the payment of the Holloway judgment reducing it to a title upwards of seven thousand dollars. The testimony in the case conduces to show that the appellant was entitled to these claims, although the written contract makes no allusion to them whatever, and the parol agreement proven by Bowman is equally as silent upon the subject.
      The written agreement and the parol agreement proven by Bowman both evidence the fact that the appellant was to discharge this judgment by reason of his obtaining an interest in that Illinois land.
      If, however, the written contract was in fact rescinded and the assignment of the Holloway judgment was a purchase by the appellant he fails to show by any proof in this record, how or in what way he had the right to apply the claims garnished in Clark to the payment of the Holloway judgment. In the absence of such an explanation we must regard the appropriation of the monies as confirmatory of the contract relied on by appellee. The appellant in July, 1865, in a letter to the appellee on the subject asks the appellee to send him a copy of the agreement made between Bowman, your son, and myself, so that I can be in position to settle with Houston. This letter expressly recognizes the existence of the agreement relied on by the appellee and is sought to be made by the appellant the foundation of a settlement with Houston's attorney for the appellee of the matters in controversy. In a conversation had by the appellant with the attorney, Houston, he (appellant) admitted that he was to pay off this Holloway judgment and only insisted upon his right to the claims garnisheed in Clark. Whilst we are inclined to the opinion that the appellant may have believed that he had the right to be substituted to the rights of General Sam Williams as against his son John S., still the facts upon this record leave no doubt upon the mind of the court but that the appellant was to be entirely exonerated from the payment of the Holloway judgment.
      The amended petition, filed by the appellant, alleges "that if the contract was rescinded it was not a bona fide rescission, but made with a view to avoid any illegality in the sale and the parties still agreed to fully carry out said agreement -- that the defendant entered into the possession of his land under the agreement and fully acknowledged it verbally and in writing, etc. To this amended petition and the specific allegations therein contained the appellant makes this answer: "The defendant, for answer to the amended petition, reiterates the statements of his original petition, and denies all the statements of the amended petition at variance with the statements and denials of his original answer." An answer must contain a denial of such allegations of the petition controverted by the defendant or of any knowledge or information thereof sufficient to form a relief. Every material allegation not specifically controverted by the answer must for the purpose of the answer be taken as true.
      The defendant, making a statement in his answer to an original petition, that if true, is inconsistent with the allegations of an amended petition afterwards filed, does not dispense with the necessity of answering specifically the allegations of the amended petition, especially where these allegations are material and not set forth in the original petition, and therefore an answer to such an amended petition "That the defendant denies all the statements therein contained inconsistent with his original answer is no such denial of the allegations of the amended petition as required by the code."
      The allegations of the amended petition material to the issue in this case stand undenied, and must be taken as true. The appellee is entitled to the relief asked for upon both the pleadings and proof.
      Judgment affirmed.


Pension Index Card File, alphabetical; of the Veterans Administrative Contact and Administration Services, Admin. Operations Services, 1861-1934; Duff to A-J Duncan (negative FHL film 540,888, some cards very faint); Joseph Duncan to Dunn (positive FHL film 540,889, some cards very dark)
      Cataloged under Civil War, 1861-1865, pensions, indexes; does not say if Confederate or Federal, but probably Federal. Negative film, some cards much too faint or dark to read, some cards blurred or faded, particularly the service unit and the dates of application. Most of the very faint or dark cards were in a slightly different format, with space for years enlisted and discharged which were sometimes filled in. Many of these were for service in later years, although one or two were for service ca 1866.
      Name of soldier, alias, name of dependent widow or minor, service (military unit or units), date of filing, class (invalid or widow or minor or other), Application #, Certificate #, state from which filed (sometimes blank), attorney (sometimes blank, MAD: did not usually copy), remarks. Sometimes the "Invalid" or "Widow" class had an "s" added to it before the application #; occasionally the area for the service information included a circled "S". The minor's name was frequently that of the guardian rather than the minor.
      The military unit was frequently the Company Letter, the Regiment Number, sometimes US Vet Vol Inf. (US Veteran Volunteer Infantry), L.A. (Light Artillery), H.A. (Heavy Artillery), US C Inf (US Colored? Infantry), Cav. (Cavalry), Mil. Guards, V.R.C. (?Volunteer Reserve Corps?), etc. Sometimes there were several service units given.
      Cards appear to be arranged by the last name, first name, middle initial if any, and state (including "US") of service.
      Duncan, Hugh; B & I 7 KY Cav.; 1883 Nov. 12, Invalid Appl. #499674, no cert., Ohio. (MAD: 1850 Nicholas Co. KY census; mustered in at Paris, Bourbon Co. KY)

HISTORIES before 1923

1882 "History of Bourbon, Scott, Harrison & Nicholas Cos. KY" by Perrin (from John A. Duncan 3/1985 and Evelyn Sigler 7/1982)
      Pg.788: JAMES A. DUNCAN, farmer; P.O. Moorefield [Nicholas Co.], was born in Montgomery Co. KY, Feb. 1, 1819, and is a son of Traverse and Lucy (Rogers) Duncan. He was born in VA and died Nov. 26, 1846. Was a farmer by occupation. His wife Lucy was born in Fayette Co. KY, Nov. 26, 1796, and died July 22, 1873. The result of their union was seven children, of which our subject was the second. He received his education in the common schools of Montgomery Co., and commenced business for himself as a farmer. On the 17th of July, 1842, he led to the alter Mary Ann Wilson, who was born in Montgomery Co. June 13, 1820. They have eight children, viz: Joseph, William, David, John, Granville, George, Susan and Elizabeth. Mrs. Duncan was a daughter of David and Elizabeth (Johnson) Wilson, both natives of Montgomery Co. The former died April 29, 1871; the latter, Feb. 8, 1879. Mr. and Mrs. Duncan ... Christian Church, Masonic Order, Democrat.

1847 "Historical Sketches of KY" by Lewis Collins (CA State Library, Sutro Branch)
      Pg.276-7, Fayette Co.: John Bradford b. Fauquier Co. VA 1749, married Eliza James, dau. of Capt. Benjamin James of said county in 1761 and had five sons & four daughters; served for a short time in the revolutionary army and came to KY for first time in fall of 1779. He was in battle with Indians at Chillicothe. In 1785 he removed his family to KY and settled about 4 miles north of Lexington on Cane run. In 1787, in conjunction with his brother Fielding Bradford (a venerable man who now lives about two miles nearly north from Georgetown), he established the "Kentucke Gazette", the first number of which was published in Lexington on 11 Aug. that year, under whith title continued until 14 March 1789 when it changed to "Kentucky Gazette," in consequence of the legislature of VA requiring certain advertisements to be inserted in "Kentucky Gazette." Fielding Bradford remained a partner until 31 May 1788 when he withdrew, then it was continued by John Bradford until 1 April 1802, when he conveyed establishment to his son Daniel Bradford, who continued for many years, and is still residing in Lexington, an acting magistrate.
      (MAD: "Register of the KY State Historical Society" Vol. 30, 1932, pg. 116, from files of Nancy Reba Roy, had query by Mrs. Linnie Wright Barrett, that John Duncan Junr. of Fauquier Co. VA & wife Dinah had son William, born 1750, who married Lydia Duncan, born 1756, "a cousin" and daughter of Rice and Elizabeth Duncan. William and Lydia Duncan removed from Fauquier Co. VA to Nicholas Co. KY about 1800 (now Robertson Co. KY). On the margin of a page in Collins' KY Sketches, published about 1845(?), opposite a biographical sketch of John Bradford who was b. in Fauquier Co. VA, my grandmother Malinda Elizabeth (Duncan) Barkley wrote: "He was own cousin to my grandfather William Duncan." John Bradford and wife Eliza James had a daughter Dinah. Was Dinah Duncan, wife of John Duncan Junr, a Bradford? Would like the names of the parents of John Bradford and of the sisters of his father.)


Harrison Co. KY will (FHL film 216,864)
      B-119: 30 March 1818, Joseph Duncan, now seventy two years of age but of sound mine, slaves be set free (now consist of Nancy and her children Sally Lewis & George Preston Lavina and her children Rachael and Charles Bowen and my faithful and trusty man Zanard); heretofore made a deed of gift of the girl Sally to my son in law Claiboure Collier now recorded in Nicholas County Court which is confirmed; (more on slave Zanard being freed); the sum of $1200 be divided into six portions, one portion to children and heirs of my son James Duncan decd., one portion to my son Washington Duncan, one portion to my daughter Lydia Mozner, one portion to my daughter Nancy Harriss, one portion to my daughter Charlotte Parker, and one portion to my daughter Susanna Whitely; in 1810 had inconsiderately and without being in a proper state of mind had executed to son James Duncan a title bond for land whereon I now reside of 162 acres, for a consideration of 50 pounds when in fact I received no consideration whatever and have ever thought myself imposed upon by it; my will is that my son Archibald Duncan shall inherit said land; bequeath to granddaughter Lydia Duncan a feather bed, .... Son Archibald Duncan and Washington Duncan and my son in law Claibourne Collier executors ... to make an equal distribution among my living children after all debts.... Wit. Joseph Fay, ... Wilson, William Wilson. Recorded Oct. 1822. (MAD: Joseph & Katy O'Bannon from Fauquier Co. VA)

Harrison Co. KY Deed (FHL film 216,852)
      8-209: 18 Jan. 1802, John Kenton of Mason Co. KY to William Duncan of Nicholas Co. KY, $500, land (no acres given) on Little River, corner Jacob Ashcraft, A. Hill. Wit. Thomas Throckmorton, Jos?. McClintock, John S. Daley, Mayson Duncan. Added note by John Kenton 23 Aug. 1803: To record this certificate on proof of Washington Duncan, James Duncan and Mason Duncan. Proved by orig. witnesses: Joseph McClintock, Mason Duncan, S. Daley. Mason Co. KY clerk: relinquishment of dower by Eleanor Kenton, May 1822.

Montgomery Co. KY Deed (FHL film 252,356)
      24-533: 20 Aug. 1853, Isaac Caywood and wife Emily of Nicholas Co. KY to William D. Duncan of Montgomery Co. KY, $280, land on Grassylick Creek, part of land belonging to heirs of Traverse Duncan decd, being lot 3 in division in Clerk's Office Book A pg.112, 8 acres 2 rods 20 poles. No wit. Ack. in Montgomery Co. KY.

Fleming Co. KY County Court Minutes (Order Book), Vol.E-F, Oct. 1827 - Aug. 1840 (FHL film 343,960)
      E-486: Court Oct. 1833, Mary Duncan over age 14 chose Haynes Bartlett her guardian, bond Hiram Prater and Samuel Hunter his securities; Wm. Preston Duncan over age 14 chose Saml. Hunter his guardian, bond by Hiram Prater and Haynes Bartlett. (MAD: see Adams Co. OH, Nicholas Co. KY)

Northampton Co. NC Deeds (FHL film 19,431)
      36-376: 11 Aug. 1851, Oliver P. Carter of Paris, Bourbon Co. KY, appoint Richard T. Carter my brother of Nicholas Co. KY, my attorney in the estate of my grandfather the late Richard Carter decd.
      36-377: 11 Aug. 1851, Silas Bishop and wife Roxanna, one of children of George L. Carter decd. of Nicholas Co. KY, appoint brother Richard T. Carter, my attorney ... coming to us in right of the said George L. Carter decd, as one of the children of said George L. Carter, from the father of said George L. Carter.
      36-379: 21 July 1851, Chas. H.B. Duncan and wife Adaline Duncan of Marion Co. KY appoint Richard T. Carter of Nicholas Co. KY attorney to receive from admin. or exec. of Richard Carter decd. of Northampton Co. NC, money due us, said C.H.B. Duncan and Adaline Duncan his wife, from estate of said decedent. /s/ C.H.B. Duncan, Yellah Adaline Duncan. Reg. Marion Co. KY 21st (blank month) 1851, ack. 21 July 1851. (MAD: 1860 Mercer Co. KY census, Charles H.B., wife Zilla A.; son of Alexander Crockett Duncan & Hannah Williams of Jessamine Co. KY)
      36-379 (2nd): Nicholas Co. KY Court, July 1851, Oliver P. and George W. Carter, infant orphans over age 14 years of George L. Carter decd, choose Richard T. Carter their guardian; bdm. Silas Bishop.


"The Duncans of Bourbon Co. KY" by Julia Hoge Spencer Ardery (FHL fiche 6,018,102 and other sources)
      The lineages and also the Miscellaneous Notes on Duncans in KY includes information on several Harrison and Nicholas Co. KY Duncan families.


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