Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised February 3, 2010
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Duncan research files of |
1830-1840 Hinds Co. MS Census
No Duncan indexed
1850 Hinds Co. MS Census (no Duncan indexed)
Pg.143, #355, Thomas J. WHARTON 33 TN attorney $0
Mary E. 29 KY
Iva A. (f) 8, Betty 4 MS
Mary E. 3, Thomas J. 4/12 MS
(MAD: looking for Sally Duncan, wife of Thos. J. Wharton ca 1823, of St.Clair Co. AL per Nancy Reba Roy marriage list; none indexed 1850 AL)
1860 Hinds Co. MS Census
City of Jackson
Pg.36, #265-272, John DUNCAN 40 NY (blank) $100,000-$25,000
L.D. (f) 21 MS
R.H?.N. (m) 2 SC
M.M. (f) 7/12 MS
Chas. STEWART 40 IRE (blank)
M.D. (f) 30 NY
L.Q?. (f) 6 LA
(MAD: John Duncan of Yalobusha mar. Lucy Duncan Howell of Natchez [Adams Co. MS] on 10/16/1856 Washington DC at residence of bride's uncle Hon. Robert J. Walker, from "Tri-Weekly Citizen" pub. 11/7/1856 in Canton, MS, from pg.204, "Marriages and Deaths from MS Newspapers, 1837-1863" Vol.1, by Betty Couch Wiltshire, FHL book 976.2 V2w; also published other newspapers; his mother Mary & sisters in 1850 New York City census pg.373, Ward 9, Dist.3)
P.O. Auburn
Pg.132, #861-871, B.W. HENRY (m) 30 TN farmer $12,000-$28,000
S.R. (f) 27 MS
S.G. (f) 9, Thos. R. 6 MS
M.R. (f) 3 MS
B.W. DUNCAN (m) 25 VA overseer
1870 Hinds Co. MS Census
Twp.3, P.O. Terry; indexed P.O. Dry Grove
Pg.418, #281-290, DUNCAN, Washington 25 MS MULATTO farm laborer $0-$0
Mary A. 25 MS BLACK farm laborer
Gone? (m) 11 MS BLACK farm laborer
Leah J. (f) 7, Lundell (m) 2 MS BLACKS
LACY, Amachyn (Anarclyn?) A. 6/12 MS BLACK b.Jan.
DUNCAN, Emiline 8/12 MS BLACK b.Dec.
Twp.3, P.O. Utica
Pg.440, #146-156, DUNCAN, Marshal 50 MS BLACK farm laborer $0-$500
Cynthia 45 MS MULATTO farm laborer
Marshal (m) 15 MS BLACK farm laborer
Philmore (m) 14 MS BLACK farm laborer
Henry 9 MS BLACK farm laborers
Scharlott (f) 6, Manerva (f) 5, George 2 MS BLACKS
ROSS, Scharlott (f) 70 KY BLACK keeping house
Jackson
Pg.732, #168-207, DUNCAN, James 38 IRE (whie) tailor $0-$0, parents of foreign birth (alone)
Pg.741, #304-369, DUNCAN, Jno. 49 SCT planter $10,000-$5,000, parents of foreign birth
Mary M. 23 NY keeping house $10,000-$3,000, father of foreign birth
MARS?, Frances (m) 40 (45?) AL BLACK domestic servant
Levinia (f) 30 TN MULATTO domestic servant
SCOTT, Edith 55 MS BLACK domestic servant
ROBINSON, Mary 30 MS MULATTO domestic servant
Pg.758, #689-689, LA?, Jerry 56 MD MULATTO laborer $0-$0
Caroline 42 VA MULATTO keeping house
DIXON, Peter 16 VA MULATTO at school
HIGHGATE, Caroline 21 NY MULATTO teacher
DUNCAN, Clara 30 MA (Massachusetts) MULATTO teacher
1930 Census, Jackson, Hinds County, Mississippi (from Kathy D. Cawley 9/2009)
E.D.# 25-13, S.D.# 8, Page# 240, Image# 17 of 55
Mississippi State Insane Asylum
BIAS, Elizabeth, patient, age 35, single, MS./VA./MS.
(KDC: 1920 Union Co. MS)
Hinds Co. MS Index to Chancery Court records 1827-1844 (FHL film 878,713; SLC 6/20/2008)
Minute Book 3, #767: Duncan, James, 1844, C.R. Dickson admin; Bond & Letters pg.] 342, Publication 342, Citation 441, Citation cont. 467, Inv. of Notes of Account 471, Citation dismissed 471, Citation 596, Annual report 605, Citation dismissed 605, Publication for final settlement 606, Settlement continued 39, Citation Cont. 131, Dier? citation 152; Inv. Book #5: Inv. of notes & acc. 249, Annal Report 394, Claims allowed J.S. Copes 453 $31.41.
MAD: #1234 for B & W Duncan not found in this index
Hinds Co. MS General index to estates (SLC 6/20/2008)
Vol.1, 1827-1842 (FHL film 878,714)
#767: 1844, Duncan, James Est. C.R. Dixon admin. M33 Bond & Letters 342, Pub. grant letters 342; M33 citation 441, cont. 467, Inventory Notes &c 471, citation dismissed 471, amount. M33 Report 605, citation dismissed 605. Publication for final settlem. 606. M34 Time allowed for makg. final settlmt. 39. Citation 100, Contd. 131, Alias 15x (in centerfold of page). M33, claims allowed. J.S. Copes 453, $31.41.
Vol.2, 1848-1866 (FHL film 878,715)
#1234: 1852, Duncan, Benj. & William minors, James W. Brown guardn. M136 Pet. letters &c granted 255. Pet. & comons. appt. to divide slaves &c 287. Invty property 341. Rept. of division of slaves 342. Pet. & ord. sale of land & negroes 343 & 344. Pet. &c & cit. for removal of property 564. Ans. &c filed & ord to remove property &c 605. ?5-- 445? (465? or 665??). Decree conf. sale &c 676. Anul a/c 696. IB 9 Invty & apprl 731, (10) act 369, Report sale realty 396 &c, (11) final acct. 235.
Hinds Co. MS Probate Court Minutes (SLC 6/20/2008)
Vol.1, 1822-1836 - no index (FHL film 878,735)
Vol.2, 1834-1841 - no Duncan (FHL film 878,736)
Vol.3, 1841-1846 - 1841-1846 no Duncan; 1846-1848 no index (FHL film 878,737 item 1-2)
Vol.4, 1846-1848 - no index (FHL film 878,738)
Vol.6, 1852-1854 - no index (FHL film 878,739) - no vol.5, 1848-1852
Quit
Hinds Co. MS Old series, estates 753-792, 1818-1844 (FHL film 1,749,976; SLC 6/21/2008)
#767: James Duncan. Dec. 22, 1845, C.R. Dickson, admin. of James Duncan decd, has not received or disbursed any sum; asks to make final settlement. Inventory includes, among others, note on John Shea for $75 dated 1 May 1840; note on J.A. Talbott for $54.50 dated 7 April 1840; account vs. A.L. McNutt for $100 payable in State Warrants, $100; total $488.58. No real or personal estate belonging to said decd. Feb. 24, 1845, nothing said of heirs, account settled 1846.
Hinds Co. MS Old series, estates 1215-1251, 1852-1853 (FHL film 1,750,047; SLC 6/20/2008)
#1224: Strother. Walter Strother, of Claiborne Co. MS, for love and affection for my five sisters, towit, Elizabeth Strother, Ann Strother, Emily Strother, Adeline Strother and Celia Ann Strother, and for $10 paid by them, give them two negro girl slaves for life, towit, Polly about 8 years of age and Emeline about 7 years of age. 20 March 1830. (pages 1 to 3)
(another document, pages 4 and 5) That Walter Strother late of Claiborne Co. MS conveyed to the female heirs of Celia Strother certain property intended by all the heirs concerned therein to have been held by said Celia Strother during her natural life, but the conveyance appears to have no provision for such life estate entirely contrary to the original intention; Now we, John Duncan who married Elizabeth Strother one of the heirs, Reuben Jones and Ann Jones, Tressa Bathea who married Emely Strother, and (blank) and Celia Ann Lowry once Celia Ann Strother, all of Claiborne Co. MS, for affection for our mother, grant life estate to said Celia Strother ... 27 Sept. 1845, /s/ John H. Duncan, R.B. Jones, T. Bethea. (seals listed for five names but only three signatures shown)
(another document, pages 6 to 8) Probate Court, November term 1852, answer of A.L. Warren, administrator of estate of Celia Strother, to petition of Thompson Strother filed 8 Oct. 1852 asking that certain slaves may be inventoried and appraised as the personalty of said Celia Strother ... (states the deed of gift for life estate) that for many years Celia Strother was guardian for Susan Maria Casky who was a daughter of said Adeline Strother and is now the wife of A.L. Warren ... that after the death of John Duncan's wife, two of the children of said Duncan & wife were for some six or seven years nurtured, educated and supported by Celia Strother ... 1? Nov. 1852.
Hinds Co. MS Old series, estates 1215-1251, 1852-1853 (FHL film 1,750,047; SLC 6/20/2008)
#1234: John H. Duncan decd, James W. Brown admr; petition of James W. Brown 6 Dec. 1852 that John H. Duncan late of Claiborne Co. MS died leaving two children surviving him, Benjamin & William, who are yet minors and under age of 14; that the mother of said minors, Elizabeth Duncan, has also departed this life and they are entitled to a share each of her estate, consisting of land and personality, estimated about $600 each share. Said minors are now in this county where they have been for some time past and in which is a part of the property in which they are interested. All of the next of kin decline the guardianship of said minors and will concur in the appointment of himself by the court. He asks for letters of guardianship. (page 1)
Another petition, 22 Dec. 1852, there are 11 slaves; that besides said minors who are entitled to one share, the following persons have equal shares in the slaves, viz, P.H. Bethea who married Emily Strother; Susan Maria Warren wife of A.L. Warren (who is a daughter of Adeline Strother and her husband Hugh C. Caskey); Ann Jones widow of Reuben B. Jones (who was formerly Ann Strother); and Celia Ann Smith, wife of James D. Smith formerly Celia Strother; being in all 5 equal shares. Petition to divide the slaves, now in possession of A.L. Warren, being the same slaves and their increase that on 20 March 1830 were given, granted, etc. to Elizabeth, Ann, Emily, Adaline and Celia Ann Strother by their brother Walter Strother. Also signed by P.J?. Bethea, A.L. Warren, Susan M. Warren, Jas. D. Smith, C.A. Smith, Ann S. Jones. (page 2 and 3)
Another document, that 20 March 1830 Walter Strother gave etc. to his sisters Elizabeth Strother, Ann Strother, Emily Strother, Adeline Strother, and Celia Ann Strother, 2 slave Polly & Emaline, then aged about 7 or 8 years; that 27 Sept. 1847 John H. Duncan, R.B. Jones and T. Bethea who married each one of the sisters of Walter Strother, agreed with all others that Mrs. Celia Strother, the mother of said Walter Strother and his sisters, should have the slaves for her lifetime; that Mrs. Celia Strother died intestate on 2 Sept. 1852, that 8 Oct. 1852 Thompson Strother of Hinds Co. petitioned the slaves be inventoried as part of the personal property of Mrs. Celia Strother and urging that he and his brother Benj. D. Strother would be entitled to a share, which cause is now pending; now for $500 paid Thompson and Benjamin D. Strother, of Hinds Co. MS, they release their title in favor of their sisters Elizabeth who married John Duncan and died leaving two minor children Benjamin & William Duncan; Emily who married T. Bethea and died leaving 1 child Philip H. Bethea; Adeline who married Hugh C. Casky and died leaving one child Susan Maria Caskey; Ann who married Reuben B. Jones and is still alive having 7 children; and Celia Ann who married J.D. Smith and is still alive without any children. MAD: slaves and their children named, not copied here. 20 Dec. 1852, /s/ Thompson Strother, B.D. Strother. (page 4 to 6)
Another document, Petition of James W. Brown, that the estate of his wards consists of an undivided interest in a small tract of land in Claiborne Co. (more not copied). (page 7 and 8)
Another document, Petition June 18, 1853 of John Sykes of Jackson Par. LA, that Benjamin S. Duncan and William Duncan are minors and both their father and mother John H. Duncan and Elizabeth Strouther died in MS; petitioner is uncle to said minors by marriage and that said minors have no other relations in said Parish except your petitioner's wife and Felix J. Powell their uncle who is unwilling to accept tutorship. James W. Brown to deliver all the personal property to John Sikes. Jan. term, 1855. Bond by John Siks, James A. Kennedy, Benjn. Cullin. Court certification in Jackson Par. LA. Affidavit by James W. Brown in Hinds Co. MS that he has delivered the estate of the minors to John Sykes, foreign guardian, 5 Jan. 1855. Petition by John Sikes for delivery of the estate of the minors; the petitioner and minors are residing in Jackson Par. LA. (page 9 to 21) (MAD: John Sykes mar. Lucinda Powell 6/26/1835 in Madison Co. MS, by John H. Duncan)
Statement by James W. Brown, guardian of minors, that he sold their 40 acres of land in Claiborne Co. MS, as authorized by the court, on 27 June? 1853. They were heirs of Elizabeth Duncan formerly Elizabeth Strother. Report to Hinds Co. MS probate court ... heirs of Celia Strother ... five equal shares ... assigned to James W. Brown gdn. of Benjamin and William Duncan minor heirs of Elizabeth Duncan formerly Strother, to T. Betha who married Emily Strother, to Susan Maria Warren wife of A.L. Warren, to Ann Jones widow of Reuben B. Jones, and to Celia Ann Smith wife of James D. Smith, one share each. (page 22 to 32)
Hinds Co. MS Deeds; general index to real estate 1823-1876 (FHL film 876,967; SLC 6/20/2008)
Vol.A, 1823-1839 - no Duncan
Vol.B, 1839-1852 - no Duncan
Vol.C, 1851-1871:
27-140: Duncan, John from Wm. H. Rose & wife (MAD: Vol.27, 1859-1860)
32-340: Duncan, Jno. from R. Shotwell (MAD: Vol.32, 1869)
"Reports of cases argued and determined in the High Court of Errors and appeals for the state of Mississippi" by W.C. Smedes and T.A. Marshall of Vicksburg, Reporters to the State, Vol.VIII, Cases for January 1847; ("Mississippi Reports") Vol.16, pgs.456 to 461 (California State Law Library 12/2003) (MAD: ?? see Hinds Co. MS)
HORACE GRIDLEY v. JOHN DUNCAN and EDWARD DUNCAN; Supreme Court of Mississippi; 16 Miss. 456; 8 S. & M. 456; January, 1847, Decided.
On appeal from the circuit court of Adams county.
The record in this case shows the following facts, to wit: That on the 24th day of February, 1838, John Duncan and Edward Duncan, copartners, under the name and firm of John Duncan & Co., recovered a judgment in the circuit court of Adams county, against Horace Gridley, for the sum of $121.90, besides costs of suit. That on the 20th day of February, 1843, Gridley was declared a bankrupt, and obtained his discharge as such, by a decree of the district court of the United States, in and for the southern district of Mississippi. That on the 19th January, 1844, Thomas Barrett and wife, for the consideration of $750, conveyed to Gridley a tract of land in Washington county, in this state, containing 198 15/100 acres.
That on the 16th day of November, 1844, John Duncan & Co. sued out an execution from the office of the clerk of the circuit court of Adams county, on said judgment, directed to the sheriff of Washington county, and made returnable to the May term of said court, in the year 1845; which execution was received on the 6th January, 1845, and levied on said land. And on the 14th day of April, 1845, the sheriff of Washington county sold the same, and John Duncan became the purchaser of the whole tract, for the sum of ten dollars. At the May term, 1845, being the return term of said execution, Gridley entered the following motion in said cause: "Motion by defendant to quash the levy and sale made by the sheriff of Washington county, because that, before said levy and sale, and after the judgment under which said execution issued, the said defendant became a bankrupt, under the act of congress, in such case made and provided, and because the said land was acquired by said defendant after his said bankruptcy, and because of the inadequacy of price, and other causes set forth in affidavit and exhibits." Notice was given to the attorney of record of John Duncan & Co., who, declining to defend the motion, it was continued, and actual service of notice of the pendency of the motion was made on the plaintiff in execution. At the May term, 1846, the motion came on to be heard, and was opposed by John Duncan & Co. on the ground that the court could not set aside said sale, or quash said execution, levy, and sale, by so summary a proceeding as that of a motion, which opposition was sustained by the court, and the motion overruled, and judgment rendered in favor of John Duncan & Co. and against Gridley, for costs. To which decision of the court Gridley excepted, and prayed an appeal to this court.
The appellant assigns the following errors:
1. The court below erred in overruling the motion of appellant.
2. The circuit court erred in rendering judgment for costs against appellant.
3. The circuit court erred in refusing to entertain jurisdiction of the motion made by appellant, for the causes assigned.
Sanders and Price, for appellant. ... In this case it appears that the plaintiffs are the purchasers, after notice of discharge of defendant under the bankrupt law, of a property worth near $2000, for the sum of ten dollars. The motion is made at the return term of the process, whilst the court has control over it. Had a stranger purchased without notice the law might have been different. The parties are duly notified of the motion, appear to it, and resist it, not upon its merits, or the controverting any fact alleged, but because the court could not set aside said sale, or quash said execution, levy and sale, by so summary a proceeding as that of a motion, and the court sustains the opposition, and refuses the motion, with cost. (MAD: more arguments of counsel omitted here)
Mr. Justice THACHER delivered the opinion of the court.
This was a motion in the circuit court of Adams county, "to quash the levy and sale made by the sheriff of Washington county, because that before said levy and sale, and after the judgment under which said execution issued, the said defendant became a bankrupt, under the act of congress, in such case made and provided, and because the said land was acquired by said defendant, after his said bankruptcy, and because of the inadequacy of price, and other causes set forth in affidavits and exhibits."
The facts of this case, as presented by the record, are different from those in Flournoy v. Smith et al. 3 Howard 62, and probably present a much stronger case; but it must be observed that the decision in Flournoy v. Smith et al. was not made upon the merits in that case; but upon the question of law, whether a motion could be entertained whereby to determine the merits, that is, whether a motion were the appropriate remedy. In that case, this court said: "But it is conceived that the court below had no power to determine these questions, under a mere suggestion or motion. The constitutional law of this country provides, that no man shall be deprived of his liberty, life, or property, except by due course of law. Is it according to any of the forms of proceeding, known to the common law or statute law of this state, for the presiding judge, in a court of common law, to divest another of his title to the freehold in land, upon a naked motion? A law which should confer such a power, would be an infringement of the right of trial by jury, so cautiously guaranteed by our fundamental law to every citizen. What is the effect of the judgment in this case? It is to dispossess Flournoy of the land in question. But how is the court to enforce its judgment? Can it order a writ of habere facias possessionem? Can it order the sheriff's deed to Flournoy to be delivered up to be cancelled? Has the judgment that effect? Surely not. It can then have no effect whatever, and is, therefore, totally void. For this reason, the judgment of the court below must be reversed, and the motion dismissed." It will be thus clearly seen, that a motion is not the remedy compatible for the end sought to be obtained, and that the circuit court did not err in overruling the motion.
Judgment affirmed.
"Reports of Cases Argued and Determined in the High Court of Errors and Appeals for the State of Mississippi, Vol.XXIII" by John F. Cushman, reporter to the State and Counsellor at Law, Vol.I, containing cases determined at the January term 1851, November term 1851, and January term 1852; ("Mississippi Reports") Vol.23, pgs.130 to 132 (California State Law Library 2/2004)
EDWARD DUNCAN et al. v. SARAH M. JOHNSON, by Her Next Friend; Supreme Court of Mississippi; 23 Miss. 130; January, 1851, Decided.
This to a controversy between the appellee, Mrs. Sarah M. Johnson, who asserts title to the slaves named in the bill, as her distributive share of her first husband's estate, and the appellant Duncan, who claims them by virtue of a purchase at a sheriff's sale under a judgment against Peter G. Johnson, her second husband; they having been sold as his property. The slaves it seems were the property of L. B. Richie, the former husband of appellee. He died in February, 1836, without a will, leaving the appellee and one child.
William Dean administered on the estate, at February term of the probate court of Hinds county, in 1836. The appellee and Peter G. Johnson intermarried in December, 1837, and initiatory steps were taken for a division of the property, but nothing was done until June term of the probate court, 1841, when an order was made for that purpose. On the 27th of July, 1841, the personal estate was divided between the appellee and her child, Mary B. Richie; report whereof was duly made to the next September term of the probate court of Hinds county, when it was confirmed.
By the division made, certain slaves were allotted to the appellee, which, with their increase, are the same slaves claimed in the bill filed. They were afterwards sold by the sheriff of Hinds county, by virtue of a judgment in favor of the Grand Gulf Bank against Peter G. Johnson; and purchased by the appellant, Duncan, or Duncan, McCallister & Co., under a previous agreement with Johnson, by which they were to be returned to him, to enable him (J.) by working them, to raise the means to pay the appellant the amount he had advanced for their purchase in the depreciated notes of the bank, and thus redeem the negroes. Duncan becoming dissatisfied with the arrangement, instituted his act of replevin in the circuit court of Hinds county to recover the negroes.
This proceeding was met by Mrs. Johnson, the appellee, by a bill filed by her next friend, John F. Watson, against said Duncan and Peter G. Johnson, praying for an injunction and for general relief, upon the ground that the slaves were her separate property. The chancellor sustained the bill, and decreed a perpetual injunction against Duncan, who takes this appeal.
Mr. Justice SMITH delivered the opinion of the court.
There is no pretence for saying that there had been a valid distribution of the estate of Leonard B. Richie, the former husband of the appellant, before that made in 1841.
It seems to be equally clear, that, before that distribution, Johnson and wife did not act upon the assumption that any distribution had been made, by asserting a right of property to any specific portion of the decedent's estate which can be regarded as a consummation of the general right of distribution, which vested in Mrs. Johnson on the death of her former husband in 1836. Up to the period of distribution, the legal title remained in the administrator; and, although Johnson, after his marriage with the appellee in 1837, resided on the plantation where the slaves were employed, it does not appear that he assumed their control or management. If, however, such had been the fact, it seems to be well settled, that it would not have had the effect to vest him with the title to the distributive share of his wife.
As we have seen, Richie died in 1836; the appellee, his widow, intermarried with Johnson in 1837, who did not reduce into possession her distributive share of the decedent's estate until 1846, after the statute of 1839, respecting the rights of married women, had gone into effect.
The principal point of controversy then is, whether Johnson, by virtue of his marriage and the distribution of 1841, acquired an absolute right to the distributive share of his wife, or whether it enured to her as her separate property.
This question, in Clarke v. McCreary, 12 S. & M. 347, was decided in favor of the wife. We have only to repeat our unqualified approval of the decision.
Johnson in 1838 purchased two slaves (Arthur and Rachael) with money belonging to the estate of Richie. It to alleged that they were purchased for the estate. In equity, they belonged to it. They were so regarded by him. They were embraced in the distribution, and fell to the lot of Mrs. Johnson. These, with the other slaves set apart to Mrs. Johnson, were determined by the chancellor to be the separate property of the appellee.
We affirm the decree.
Claiborne Co. MS Land Deed (SLC 6/18/2008)
BB-418: 27 June 1853, James W. Brown, gdn. of Benjamin Duncan and William Duncan minor heirs of Elizabeth Duncan decd. of Hinds Co. MS, to James H. Maury of Claiborne Co. MS, $400, per order of probate court of Hinds Co. MS at Feb. term 1853, sold the right of his said minor wards to a tract in Claiborne Co. MS adj. lands of Doctor Samuel Dorsey decd, and Irene Smith, 200 acres, fractional Sec.53 Twp.12 Range 3E of 52 acres and frac. Sec.21 Twp.12 Range 2 of 48 acres and about 100 acres north of and adj. said fractional section, east of lands of Doctor Dorsey decd. (FHL film 877,313)
Winston Co. MS Will Record 1860-1929 (FHL film 901,718)
I-62: Will of John Duncan of City of Jackson, MS, 11 Dec. 1865; It having pleased Almighty God to disolve my earthly household by taking to himself all my worldly treasures, Walker my first born; Lucy the young the bright and intellectual the beloved wife of my bosom; Mary my peerless daughter, and Garnett the last and youngest of them all, and being myself in good health of both mind and body yet far distant from my home and constantly exposed to perils and dangers of travel, I do hereby make ... last will. I give in her own right and free from all incumbrances to my niece Mary Jane Duncan, hereafter if she chooses, to be called Mary McFarlan Duncan, in memory of my deceased mother, my residence at Jackson, MS, known as Casamia with the furniture therein and everything thereto appertaining. The entire residue of my property real and personal to my three sisters and the aforesaid niece Mary to be equally divided; that is, to my sister Mary, the widow of Charles Stewart, 1/4 of said residue; to my unmarried sister Jane A. residing in New York, 1/4 of said residue; to my sister Louisa Brodie the wife of George Payne Quackenbros, 1/4 of said residue, and to my aforesaid niece Mary the daughter of my deceased brother William the remaining 1/4 of said residue of my estate. Appoint as my executrix and executor my niece the aforesaid Mary J. or Mary McFarlan Duncan and her brother my nephew L. Alex Duncan of the State of MS, and my brother in law George P. Quackenbros of the City of New York; no security of any kind to be required from either of them. Signed 11 Dec. 1865, John Duncan of MS. Wit. Fred. J. Stanton, Washington DC, and Duncan S. Walker, Washington DC. John Duncan of City of Jackson, being in feeble health, codicil to my will dated at the City of Washington on 11 Dec. 1865, which will was wholly written by me in my own handwriting, that the aforesaid will 11 Dec. 1865 ... that my niece Mary J. Duncan shall have my residence in Jackson MS known as Casa Mia with the furniture etc. and my jewelry and momentos, my watch, pictures, and everything else, leaving it to the pleasure of my niece to take the name of Mary McFarlin Duncan instead of Mary Jane Duncan as she may choose. Dated 26 Jan. 1872. Also make my aforesaid niece Mary McFarlan Duncan as my sole executrix, recoumenting? to her my nephew L. Alex Duncan and my brother-in-law. Wit. 26 Jan. 1872 by James R. Yerger, Wm. C. Crane, Elliott F. Ash. George R. Quackenbros as safe and reliable councellors but revoking the clause in my will of Dec. 11, 1865, as far as the same makes them executors. This 26 Jan. 1872. John Duncan. First Dist., Hinds Co., State of MS, Chancery Court in vacation, Feb. 23, 1872; last will and testament of John Duncan deceased of Hinds Co., First District, on 23 Feb. 1872 appeared W.C?. Crane and Matt F. Ash and James R. Yerger, witnesses to will of John Duncan decd ... proved on their oaths; filed for record 23 Feb. 1872; certification in Carroll Co. MS that will was recorded in Book A, Pg.525-528, 20 July 1872; certification in Winston Co. that will was recorded in Book 1, pages 62-67, 12 Sept. 1872. (MAD: see Lauderdale Co. MS for L. Alexander Duncan; Mary Duncan mar. Charles Stewart 12/19/1839 in Grenada [then Yalobusha Co.] MS, from "The Southern Banner" 1/4/1840, on pg.183, Vol.1, "Marriages and Deaths from MS Newspapers 1837-1863," comp. by Betty Couch Wiltshire, 1987, FHL book 976.2 V2w, from Dale O. Duncan 1988; Mary A. Stewart in 1880 Lauderdale Co. MS census)
"New York Times," New York, New York, 24 May 1863 (from Kathy D. Cawley 10/2006)
Obituary. DUNCAN.- On Friday, May 22 [1863], MARY, widow of the late ALEXANDER DUNCAN, aged 84 years. The friends of the family, and of her son, JOHN DUNCAN of Mississippi, are invited to attend the funeral, at the residence of her son-in-law, GEORGE PAYN QUACKENBOS, No. 201 West 28th-st., on Sunday afternoon, May 24, at 2 o'clock. (MAD: John Duncan of Hinds Co. MS)
Early Duncans in Hinds Co. MS Records:
Stephen Duncan, 1829, in suit against John Turnbull, admin. of estate of William Carson, from Hinds Co. MS Drawer 66, Case #34-b. (pg.11, "Mississippi court records from the files of the High Court of Errors and Appeals, 1799-1859" by Mary Louise Flowers Hendrix, FHL book 976.2 P2h)
Jane Duncan, 1833-1835, mar. William Brown (pg.123, Hinds Co. MS Marriages, "MS Court Records, 1799-1835," TN Gen. Society Library #181 from Evelyn Sigler 8/1983)
James Duncan, 7 June 1843, died, age about 36 years, native of PA, foreman of the "Mississippian," from "Jackson Mississippian" [Hinds Co.] 6/8/1843. (from "21 Southern Families, Notes & Genealogies" by Elizabeth Pryor Harper, compiled & edited by Patricia Freeman, 1985, Portland OR Gen. Forum 929.2 Pry-1)
Edward Duncan, 1844, sued by Mary E. Ritchie, an infant, by her next friend John F. Watson of Hinds Co., from Hinds Co. MS Drawer 93, Case #3116. (pg.152, "Mississippi court records from the files of the High Court of Errors and Appeals, 1799-1859" by Mary Louise Flowers Hendrix, FHL book 976.2 P2h)
John H. Duncan, 15 Feb. 1838, of Hinds Co. MS mar. Miss Elizabeth Strother of this county, from "Mississippi Free Trader" Natchez [Adams Co.] 2/24/1838 (pg.217, Vol.2, "Marriages and Deaths from MS Newspapers, 1801-1850" by Betty Couch Wiltshire, Heritage Books Inc., 1989, FHL book 976.2 V2w; from Georgie Cooper 1989 and Evelyn Sigler 1990)
John H. Duncan, 27 Sept. 1845, of Claiborne Co. MS, husband of Elizabeth Strother who was a dau. and heir of Celia Strother, confirmed the life estate to Celia Strother in slaves bequeathed to Celia by Walter Strother, decd., then to go to Celia's daughters; from Hinds Co. MS Probate Records File #1224, estate of Celia Strother, 11 Oct. 1852. (from "MS County Court Records from the May Wilson McBee Papers" by May Wilson McBee, Nov. 1958, FHL book 976.2 P2mc) Mrs. Elizabeth Duncan, consort of John H. Duncan, died 30 Aug. 1843 in Claiborne Co. MS, from "Mississippi Gazette" 13 Sept. 1843. (pg.66, Vol.2, "Marriages and Deaths from MS Newspapers, 1801-1850" by Betty Couch Wiltshire, Heritage Books Inc., 1989, FHL book 976.2 V2w; from Georgie Cooper 1989 and Evelyn Sigler 1990)
END
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