Duncans in MS

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

Last revised October 8, 2003

MISSISSIPPI MISCELLANEOUS
 

US Land Patents before July 1, 1908, in Mississippi and many other states are available on the Internet from the Bureau of Land Management, General Land Office Records (address as of 6/2001)
      http://www.glorecords.blm.gov/
 

"Territorial Papers, Territory of Mississippi, 1798-1817" Vol.V (FHL book 973 N2udt; and CA State University, Sacramento, library)
      Pg.159+: August 25, 1802. Petition to Congress by Citizens of the Mississippi Territory that the Land Office to be Opened for this Country may be held within the Bounds of the same, and that the Actual Settlers on the Vacant lands of the United States, may have a preemtion right Secured to them. We further pray for the following alterations in the Ordinance of 1787, To Wit, that the right of Suffrage may be extended to every male person, of full Age, being a Citizen of the United States, and who has had his residence within the Territory for the last Six Months preceding the election. Section 10 signed by John and Joseph Calliham among others; Section 12 signed by Robert (his X mark) Duncan among others; Section 16 signed by Amos Duncan among others.
 

"Reports of Cases Adjudged in The Supreme Court of Mississippi" by R.J. Walker, Reporter of the State; Natchez, 1834 (California State Law Library, 3rd Floor, Library & Courts Bldg., Sacramento, CA)
      Pgs. 281-292: Duncan vs. Dick, Dec. term 1827. Question involved whether a woman married and domiciled in LA, upon decease of husband, could claim dower in plantation and slaves in MS according to the laws of this state or whether the laws of LA would prevail, slaves being moveable property by laws of MS but immoveable by law of LA. Marriage took place in LA. (No names shown.) (extract in "MS Genealogical Exchange" Vol.1, 1955, FHL book 976.2 B2g)
            Opinion of the Court ... The statutory laws of this state provide that when any person shall die intestate, leaving no child or children or descendents of them, his widow shall have as her dower, one half of his real estate for the term of her natural life," and when a husband dies intestate, if there be no children ... but one child, she shall be entitled to one half of the personal estate. Revised code, page 280. Does this law of dower extend to the widow of a non resident, or is it confined to the widows of resident citizens. ... the widow of a non-resident is equally entitled to dower ... But it is contended that her right of dower is not founded in the law but in the contract. The contract of marriage having been entered into in LA and the husband and wife domiciliated there until the day of his death, she is entitled to no other rights in the estate of her husband wherever situation than the laws of that state give her. That there is a an implied contract where the marriage contract was made, by virtue of which laws the husband and wife have a community of property ... is therefore a bar to her dower. By our laws, a widow can be barred of dower only in two ways; by an express and valid agreement relinquishing her dower, or by an effectual devise and bequest of her husband in lieu of dower. But we will consider the grounds taken, so that the marriage contract creates a community in the property situated in this State, and that the wife is entitled to such share as she brought into the community, and one half the aquests and gains acquired since, which, therefore, is a bar to her dower. ... But this state has sole and exclusive jurisdiction over property situated in this state. ... If the husband and wife had (moved to this state), their rights to property acquired here after the removal would be governed by the laws of this state. ... Her dower in the personal property is reserved to her in all cases, and the personal estate is in this case as much subject to her dower as the real estate. Judgment of the orphans court affirmed.
 

Index to Compiled Service Records of Volunteer Soldiers Who Served During War of 1812; National Archives Roll 62, Microcopy 602 (FHL film 882,580, Dun to Duq; copied all Duncan and variant spellings)
      All last names are Duncan unless otherwise noted (MAD: have interfiled by first name); all entered service as privates and were discharged as privates unless otherwise listed. Vols = Volunteers; Mil = Militia
      Alexander; 14 Regt. (McBoy's) MS Mil
      Benjamin; 1 Regt. US Vols (1 Regt MS Terr. Vols, Brig. Gen. F.E. Claiborne, Col. Cowles Meade, Col. Joseph Carson)
      Charles; 16 Regt. (Burrus') MS Mil
      David; 1 Regt. US Vols (1 Regt MS Terr. Vols, Brig. Gen. F.E. Claiborne, Col. Cowles Meade, Col. Joseph Carson)
      Thomas Duncan/Dunken/Dunking; 1 Regt. US Vols (1 Regt. MS Territorial Vols) (Brig. Gen. F.L. Claiborne, Col. Cowles Mead, Col. Joseph Carson)
      William; Col. Claiborn's Regt. MS Mil
      William; 1 Regt. US Vol (1 Regt. MS Territorial Vols) Brig. Gen. F.L. Claiborne, Col. Cowles Mead, Col. Joseph Carson
 

MS Confederate soldiers etc. pension applications, Drawer 5, Du-Dw (FHL film 903,514)
      No Rufus Bell Duncan (of Tippah & Union Co. MS); others include Sarah Duncan, widow of Elcana Duncan
 

Case Files of Applications from Former Confederates for Presidential Pardons ("Amnesty Papers") 1865-1867; roll 1, Name Index to Pardon Application Files; Group I, Pardon Applications Submitted by Persons from the South; Group II, Persons from the North and West; Group III, Without Designation of State or Territory (FHL film 1,578,739)
      (Cataloged under United States - Military History (U.S. Adjutant's Office) - Name Index to pardon applications)
      Roll 73 contains Group II, Pardon Applications Submitted by Persons from the North and West: California, Delaware, District of Columbia, District of Columbia Special File, Illinois, Indiana, Iowa, Kansas, Massachusetts, Michigan, Nebraska, New Jersey, New Mexico Territory, New York, Ohio, Pennsylvania, Rhode Island. Group III: Pardon Applications Without Designation of State or Territory. (MAD: I cannot tell if the applications in Group II and III (on Roll 73) are included in the name index.)
      Group I: Pardon Applications Submitted by Persons from the South. (MAD: have added the roll number from the table of contents)
      Duncan, Charles (Miss.) Roll 32, Mississippi, Coo-Ha
      Duncan, Clara E. (Miss.) Roll 32, Mississippi, Coo-Ha
      Duncan, James M. (Miss). Roll 32, Mississippi, Coo-Ha;
            Roll 35, Mississippi, Sl-Yo & Miscellaneous File
            In both main series and miscellaneous file.
      Duncan, Rosalie (Miss.) Roll 32, Mississippi, Coo-Ha
 

"Amite County, Mississippi, 1699-1865" 3 Vols., by Albert E. Casey and Frances Powell Otken (FHL book 976.224 D4c and fiche 6,049,718 to 6,049,720)
      These volumes contain a lot of source material from Amite Co. MS records and also from the records of counties from which it was formed.

Union Co. SC Probate Records 1777-1961 (FHL film 255,040)
      Box 37, pkg. 14: Court of Ordinary, petition of Martha Duncan widow of Jesse Duncan, departed this life intestate on or about the 30th day of January A.D. 1853, leaving your petitioner his widow, Amos Duncan residing in the State of Georgia, Absolum Duncan residing in the State of Mississippi, Emaline Williams formerly Emaline Duncan, John Duncan and Caroline Duncan, heirs at law him surviving ... 21 Feb. 1853.
      Bond of Martha Duncan and William L. Howell, Union Dist., 14 March 1853.
 

"Tuscaloosa Co. AL Records" by Pauline Gandrud (from Evelyn Sigler 1/1984)
      Vol.47, pg.39, abstracts from "North Port Spectator", contains an item: May 18, 1872, in Chancery, Jeremiah Dunkin vs. Mary Elizabeth Duncan. Mary Elizabeth Duncan a non-resident, believed to reside in Mississippi. (MAD: Unable to identify this family.)
 

Lowndes Co. AL County Court Estate Papers, Dulany, A.B. to Evans, Peter (FHL film 1,544,208)
      DUNCAN, ANDERSON. Inventory 25 Oct. 1866, admin. John A. Duncan. J.B. Duncan bought Anderson Duncan's land. (MAD: see also estate in Montgomery Co. AL)
            Petition of John A. Duncan, that Anderson Duncan died intestate on or about 11 April 1862 in said county, being a citizen of said county, and left property consisting of land and personal effects at about the value of $1650, that the heirs at law of Anderson Duncan are petitioner John A. Duncan, and Lydia W. Douglass wife of F.M. Douglass, over the age of 21 residing in Lowndes Co., M. Martha E.J. Mason wife of E.P.J. Mason over the age of 21 of Lowndes Co., Frances E.A. Duncan under 21 residing in Montgomery Co. AL, Julius B. Duncan in Butler Co. AL over 21, Charles B. Duncan over 21 in AR ("Arkansas"), James M. Duncan over 21 who when last heard from resided in Louisiania, and Wm. W. Duncan over 21 who when last heard from resided in TX, all children of said decd, and (blank) Smith and (blank) Smith over age 21 children of Jane Elizabeth a dau. of decd. now decd. who married first John S. Smith and afterwards Willm. Page, and the following named minor ch. of said Jane Elizabeth under age 21 years (6 children, first names blank, surname Page), all ch. of said Jane Elizabeth, all of whose children reside in Mississippi; 23 July 1869. (frame 121-122)
            Deposition of William Martin (Maslin?) 17 Nov. 1866, that he knows the heirs at law of Anderson Duncan decd. are J.B. Duncan res. AL, Jane (blank) mar. woman res. LA, J.A. Duncan res. AL, Thomas Duncan LA, Wm. Duncan LA, Martha Johnson AL mar. woman, Charles Duncan AL, Lydia Douglas mar. woman AL, Francis Duncan single woman AL; he knew the lands belonging to the estate of said Anderson Duncan decd; that the land could not be equally divided but should be sold. (frame 123)
            Interrogation of B.R. Ingram, 17 Nov. 1866, that he knows the heirs at law of Anderson Duncan decd. are J.B. Duncan, Jane "I do not know her other name" married woman & resides in LA, J.A. Duncan AL, Thos. Duncan LA, Wm. Duncan LA, Martha Johnson married woman AL, Charles Duncan AL, Lydia Douglas married woman AL, and Frances Duncan AL, all of full age; he knows the land belonging to the estate of Anderson Duncan decd, that it could not be equally divided and should be sold. (frames 124-125)
 

END

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