Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised August 24, 2007
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Duncan research files of |
1860 "Names of Persons for Whom Marriage Licenses were Issued by the Secretary of the Province of New York Previous to 1784" printed by order of Gideon J. Tucker, Secretary of State; pub. by Weed, Parsons & Co. (FHL book 974.7 V28n and films 514,675 item 1 and 930,131 item 2; pg.120-121)
1778, Oct. 5, Duncan, Ann, and Richard Spencer, mar. bond, vol. xxvi, pg.47
1773, Sept. 13, Duncan, Arabella, and Daniel Ludlow, m.b., xxi-107
1782, Sept. 21, Duncan, Elizabeth, and Abraham Willson, Jr., m.b., xxxvii-7
1781, Nov. 3, Duncan, Elizabeth, and William Karr, m.b., xxxiv-15
1756, Dec. 28, Duncan, Frances, and Anthony Byvanck, m.b., i-401
1762, April 29, Duncan, Frances, and Henry Ludlow, Jr., m.b., vi-135
1753, Aug. 24, Duncan, Warman, and Ruth Curtis, m.b., i-95. (MAD: Married 9/30 1753 Stratford, Fairfield Co. CT.)
1681, May 19, Duncan, James, and Bridgett Bendall, O.W., xxxii-1/2-46
1783, Sept. 16, Duncan, James, and Margaret Craig, m.b., xi-41
1780, Dec. 14, Duncan, John, and Sarah Hamilton, m.b., xxx-153
1760, Dec. 4, Duncan, Martha, and Nathaniel Lawrence, Jr., m.b., iii-455
1778, Oct. 13, Duncan, Ruth, and John Brigs, m.b., xxvi-58
1768, Feb. 24, Duncan, Sarah, and William Wickam, m.b., xiii-42
1763, Aug. 8, Duncan, Thomas, and Isabell McIntosh, m.b., vii-294
1773, June 8, Duncan, Thomas, and Margaret Van Beverhoudt, m.b., xx-139
1737, Dec. 14, Duncan, Thomas, and Mary Ketcham, m.b., i-8
1779, Dec. 1, Duncan, William, and Hannah Parsell, m.b., xxviii-156
Also Dunscomb marriages 1760-1780, not copied; no Dunk.n.
"Supplementary list of marriage licenses" by New York Secretary of State; pub. Albany: University of the State of New York, 1898, 46 pgs. (PS277, HeritageQuest images 6/2007; FHL with film 514,675 item 1 and 930,131 item 2)
Issued as a supplement to the volume published by the secretary of state, Albany, 1800, under title: Names of persons for whom marriage licenses were issued by the secretary of the province of New York, previous to 1784.
Pg.19: (Alphabetic list) 1758, Aug. 5, Duncan, Anne, and Peter Berton, M.B. 41:206
1758, Aug. 22, Duncan, Frances, and George Duncan Ludlow, M.B. 41:226
"Reports of cases argued and determined in the Supreme Court of Judicature : and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York" by John L. Wendell; ("Wendell's Reports") Vol.6, pgs.488 to 496 (California State Law Library, Sacramento, 1/2004)
DUNCAN v. SUN FIRE INSURANCE COMPANY; Supreme Court of Judicature of New York; 6 Wend. 488; January, 1831, Decided.
This was an action on two policies of insurance, tried at the N. Y., Circuit in Nov., 1829, before the Hon. Ogden Edwards, one of the Circuit Judges. The defendants, by two policies, insured six frame stores in Mobile, in the State of Ala., against loss or damage by fire, to the amount of $13,600. By the policies, the stores were privileged to contain goods not hazardous, hazardous and extra hazardous. In each policy are contained clauses in these words: "And it is agreed and declared to be the true intent and meaning of the parties hereto, that in case the above mentioned buildings shall, at any time after the making, and during the continuance of this insurance, be appropriated, applied, or used, to or for the purpose of carrying on or exercising therein any trade, business or vocation, denominated hazardous or extra hazardous, or specified in the memorandum of special rates in the proposals annexed to this policy, or for the purpose of storing therein any of the articles, goods or merchandise in the same proposals denominated hazardous or extra hazardous, or included in the memorandum of special rates, unless herein otherwise specially provided for, or hereafter agreed to by this company in writing, to be added to or indorsed upon this policy; then, and from thenceforth, so long as the same shall be so appropriated, applied, or used, these present shall cease, and be of no force or effect." And, also; "And it is moreover declared, that this policy is made and accepted in reference to the proposals and conditions hereto annexed, which are to be usedand resorted to, in order to explain the rights and obligations of the parties hereto, in all cases not herein otherwise specially provided for." The proposals referred to in the policy set forth eight classes of hazards, and the rates of annual premiums; the eighth class being thus described: "Buildings entirely of wood. Goods not hazardous therein, 75 a 100 cents per $100." Then follows an enumeration of goods considered not hazardous, and of goods, trades and occupations considered hazardous and extra hazardous, and also a special memorandum, in these words: (MAD: more omitted here)
The premium paid in this case was $1.50 per $100. Within the time for which the buildings were insured, a fire happened. It commenced in one of the stores; and whilst it was consuming, a loud explosion took place, which the witnesses, judging from the shock and the effects produced, all concurred in stating their belief proceeded from powder deposited in the store. The store in which the fire commenced was entirely consumed, and four of the other buildings were more or less injured. At the time of the fire, there were also three kegs of powder in one of the other stores, which were removed during the fire. The stores in which were powder were occupied by tenants of the plaintiff. The damage of the plaintiff was estimated at $6,050, the loss upon the building consumed being estimated at $3,000, the full sum at which it was insured. The testimony being closed, the counsel for the defendants prayed the judge to instruct the jury, that if the building in which the fire originated, was, at the time of the fire, used for the purpose of storing gunpowder therein, although it were without the knowledge or privity of the assured, the assured could not recover for the damage done to the building by the fire, in consequence of the restriction in the body of the policy, and in the proposals and classification of hazards therein referred to and annexed thereto. To this the plaintiff's counsel objected, and insisted that the judge should instruct the jury, that even if there was gunpowder stored in the building in which the fire originated, without the knowledge or agency of the assured, yet that the plaintiff was not barred from recovering the loss on such building. The judge charged the jury that the circumstance of there being gunpowder stored in the building previous to, and at the time of the conflagration, without the agency or knowledge of the assured, did not form a bar to the plaintiff's recovery, and that the whole of the evidence adduced by the defendants to establish that fact was irrelevant, and not to be considered by them in forming their verdict. The defendants excepted to the charge of the judge, and the jury found a verdict for the plaintiff for $7,432.08, including interest upon the estimated loss. The defendants moved for a new trial.
(MAD: counsel's arguments omitted here; case citations omitted)
(opinion) By the Court, Savage, Ch. J. It is not denied that one of the buildings insured was destroyed, and four of the others injured, by the peril insured against. The defendants must, therefore, pay the amount of the plaintiff's loss, not exceeding the amount insured, unless they are excused in consequence of gunpowder being stored in some of the buildings. Whether the powder was there with the knowledge or agency of the plaintiff, seems to me not very material. The absence of agency or knowledge on the part of the plaintiff, excuses him from any imputation of fraud, or an intention to violate his contract. The policies say nothing about the knowledge or agency of the plaintiff in storing articles therein prohibited, but the contract is, in substance, that if the building shall be used for storing articles not privileged to be there, then, so long as they shall be so used, the policies shall cease; and be of no force or effect. The plaintiff could not be supposed to know what articles were deposited in all these buildings, they being let to different persons. The building destroyed was divided into four tenements; two of which were used for storing goods, another as a commission store, and the other for counting-rooms; but whether he knew that there was powder in the stores or not, if the buildings were used in a manner prohibited by the policy, the liability of the defendants ceased.
The proposals and conditions attached to the policy form part of the contract, and have the same force and effect as if contained in the body of the policy. It is expressly stipulated that the buildings may contain articles denominated not hazardous, hazardous and extra hazardous; but if they contain those included in the memorandum of special rates, while they are so used, the policy shall cease and be of no effect. The stipulations in policies are considered express warranties; an express warranty is an agreement expressed in the policy, whereby the assured stipulates that certain facts relating to the risk are or shall be true, or certain acts relating to the same subject have been or shall be done. It is not requisite that the circumstance or act warranted should be material to the risk; in this respect an express warranty is distinguished from a representation. (MAD: part omitted here) In this case I consider the policy and the proposals and conditions annexed as saying in substance, that the buildings are privileged to contain goods -- not hazardous, hazardous and extra hazardous -- warranted not to contain those included in the memorandum of special rates. If gunpowder, by the policy, is included in the class denominated extra hazardous, then it was privileged to be stored in the buildings insured; if not, and it is admitted that gunpowder was contained in the buildings at the time of the fire, then the policy was thereby rendered inoperative and of no effect. To determine whether gunpowder belongs to one or the other of the classifications mentioned, recourse must be had to the instrument itself. The clause in dispute reads thus: "Extra hazardous. The following trades and occupations, goods, wares and merchandise are deemed extra hazardous, and will be charged 25 cents and upwards, per $100, in addition to the premium above specified, for each class, viz.: apothecaries, or druggists," etc., enumerating a great number; ending with "grain unthreshed," and concluding with a period. Then follows in the same line a distinct sentence, as follows: "Gunpowder is not insurable, unless by special agreement." After which a distinct paragraph commences as follows: "Special mem. Grist-mills," etc., etc., "will be insured at special rates of premium." I understand these proposals as including gunpowder under articles extra hazardous, but distinctly stating that it will not be insured at the same rate as the other articles within the same class. I think the defendants so understood it, as is inferrible from that part of the policy out of which the controversy arises, and which I have quoted. The printed part of the policy excludes everything denominated hazardous, extra hazardous, or included in the memorandum of special rates, unless specially provided for. This was evidently intended to exclude everything but such as was considered not hazardous. Gunpowder is either included in extra hazardous or forms a distinct class; if it forms a distinct class, then the printed form permits gunpowder when it excludes articles hazardous and extra hazardous, which are less combustible, and are insured at lower rates, which is an inconsistency not to be presumed or inferred. My inference, from the manner in which the clause relating to gunpowder is printed, and from the fact that it is not treated as a distinct head or class in this stipulation in the policy, is, that it was considered extra hazardous, but not to be insured under that class at the rate of the other articles and, therefore, to be excluded from any estimate of loss, unless specifically insured.
My conclusion is that the plaintiff had a right, by the terms of the policy, to put gunpowder in his buildings insured; but in case of loss by fire, he is not entitled to compensation for such gunpowder; not having insured it by special agreement. If such is not the proper construction of the policy, then there is no positive exclusion of gunpowder, as it is clearly not included in the paragraph headed "special mem.," and which is referred to in the clause of the policy in question, as "the memorandum of special rates." I place my opinion, however, upon the construction of the policy taken all together, that gunpowder belongs to the class denominated extra hazardous; and that of course, the buildings were privileged to contain it.
I am, therefore, of opinion that a new trial be denied.
See the published abstracts and indexes to military records by Virgil D. White for Duncans who served in the various wars.
"The Documentary history of the state of New-York" by E.B. O'Callaghan; pub. Albany, N.Y.: unknown, 1849-1851, 4502 pgs. (PS281, HeritageQuest images 6/2007; FHL book 974.7 H2o v.1-4 and films 590,446 and 896,504 & later)
Pg.220: A list of the Company of Malitia Whereof is Capt. Henry Cuyler. ... Thos. Duncan. (MAD: no date found; next list on pg.221, of foot company, was dated 1737)
Pg.226: List of Officers Issued for New York, with the dates of their commissions. Second Lieutenants ... Thomas Duncan, to Capt. Isaac Depeyster, 1738, Augt. 9
"New York in the Spanish-American War, 1898 : part of the report of the adjutant-general of the state for 1900." by R A Alger, Gilford Hurry, C Golderman, Nelson H Henry, et al; pub. Albany: J.B. Lyon, state printer, 1900, 2972 pgs. (LH11438, HeritageQuest images 6/2007; FHL book 974.7 M2nys v.1-3 and fiche 6,051,368)
Vol.I, pg.224: Deaths in the service. DUNCAN, GEORGE - Private, Co.H, Sixty-fifth Infantry. Died of typhoid fever, September 2, 1898, at Buffalo, N.Y.
DUNCAN, THOMAS S. - Private, Co.F, Eighth Infantry. Died of typhoid fever, September 8, 1898, at St.Luke's Hospital, New York City.
Vol.I, pg.869: Eighth Regiment, Infantry. DUNCAN, JAMES F. - Age 21 years. Enlisted May 11, 1898, at New York city, to serve two years; mustered in as private, Co.F, May 17, 1898; mustered out with company, November 3, 1898, at New York city.
DUNCAN, THOMAS S. - Age 18 years. Enlisted, May 11, 1898, at Peekskill, to serve two years; mustered in as private, Co.F, May 17, 1898; died of typhoid fever, September 8, 1898, in St.Luke's Hospital, New York city. (MAD: Peekskill, Westchester Co. NY)
Vol.III, pg.698: Two Hundred and Third Regiment, Infantry. DUNCAN, DAVID - Age 27 years. Enlisted, July 23, 1898, at New York city, to serve two years; mustered in as private, Co.H. same date; transferred to United States Army Hospital Corps, August 26, 1898.
"The Hoosac Valley [NY]: its legends and its history" by Grace Greylock Niles; pub. New York: G.P. Putnam's Sons, 1912, 614 pgs. (LH7251, HeritageQuest 6/2007; FHL book 974.H2ng)
Pg.236: The Scotch-Irish settlers of St.Croix, Pesth, Walloomsac, and Falls Quequick in Hoosac District included: ... George Duncan, ...
Pg.256: The first settlers of Cambridge included 30 Scotch-Irish families from Coleraine in Old Berkshire, including ... George Duncan. Each received a farm of 100 acres, located on the banks of the Owl Kill, if he settled upon it within three years after the patent was granted.
1904 "History of Cherokee Co. KS and representative citizens" by Nathaniel Thompson Allison, pub. by Biographical Pub. Co. (FHL book 978.199 H2a and FHL film 1,000,034 item 3)
Pg.280: THOMAS R. DUNCAN, one of the pioneer settlers of Cherokee Co., a substantial and representative farmer of Lyon township, owns (dark edge) acres of highly cultivated land, NE quarter Sec. 27, Twp. 34, range (dark edge). He was born at Martinsville [Morgan Co.], IN, February 10, 1839, and is a son of William and Amanda M. (Hutsel) Duncan.
Robert Duncan, the grandfather of Thomas R., was born in Scotland and accompanied his two brothers to America, all probably settling in the State of NY. There William Duncan was born and learned the cabinet making trade before going to Indiana. Failing health caused him to remove in 1856 to IL where his sons could engage in farming. He took part in the Black Hawk War. In early days he was a Whig, but afterwards voted for Stephen A. Douglas and was subsequently identified with the Republican party. He died in IL, in 1879, at the age of 72 years. His wife was born September 20, 1815, near Lexington, KY, and died at Martinsville, IN, November 22, 1847, when Thomas R. was not quite nine years old. Their children were: Thomas R., who weighed but two and a half pounds at birth; Peter, a farmer of Mineral Spring [Barry Co.], MO, who belonged to Co. H, 27th Reg., IL Vol. Inf., in the late? (dark) War; Giles, who belonged to Co. D, 1st Reg., IL Vol. Inf., and died in the service in February, 1863; and Jesse H., who resides near Murphysboro, IL. The father married three times, and three children of each wife still survive. Thomas R. Duncan was 17 years of age when his parents moved to Jackson Co. IL, and he was engaged in farming there from 1856 to 1862, when he enlisted on Aug. 12 in Co. D, 81st Reg., IL Vol. Inf., under Captain Ward and Col. James ?. (dark) Dollins. ... To Kansas 1869 ...
1918-1919 "A Standard History of Kansas and Kansans" by William E. Connelley, pub. by Lewis Publishing Company, Chicago, IL, Vol.1 to 5 (CA State Library, Sutro Branch; FHL book 978.1 H2c and film 1,000,029)
Pg.1437-8: JOHN E. DUNCAN, town of Shannon [Atchison Co.] for 30 years. Born Madison Co. IL, March 24, 1862; his father John Duncan b. in County Tipperary, Ireland, in 1817; to America 1850; married in New York State; soon after to farm in Macoupin Co. IL; d. there 1890; Democrat, Catholic. Wife was Mary Hooley, born County Tipperary in 1818, to US 1851; d. Macoupin Co. 1907. Her children were: Patrick, farmer in Macoupin Co.; John E.; Margaret m. John Moran, a Macoupin Co. farmer; Nellie lives Girard, IL, widow of Owen O'Neil who was real estate man at Girard; William, foreman of Brown-Hamilton Shoe Factory in St. Louis MO.
John E. to KS April 11, 1887, to Shannon Sept. 1887; Democrat, Catholic. Married in Shannon in 1890 to Miss Margaret Clark, dau. of Matthew and Catherine (O'Grady) Clark; both parents now deceased. Mr. & Mrs. Duncan have 5 children: John Matthew, who grad. from College 1911; Catherine, in Academy at Atchison; Margaret in same; Bernardette in public school; and Dorothy.
1916 "History of Atchison Co. KS" by Sheffield Ingalls, pub. by Standard Pub. Co., Lawrence, KS (CA State Library, Sutro Branch; FHL film 873,938 item 1 and 1,000,033 item 3)
Pg.620-2: JOHN E. DUNCAN, of Shannon, KS; born March 21, 1863, in Moro, Madison Co. IL; son of John & Mary (Hooley) Duncan, who had 8 children, 3 of whom are now dead. Father was born Dec. 1818 in Ireland; left IRE 1846 for NY; farmed in NY State; married two years later. In 1851 to IL until 1891. Mother of John Duncan born in IRE in 1827; in 1848 left with brother William to America; she died 1907; both parents Catholic. John E. to Shannon 1887; also owns land Macoupin Co. IL; married 1890 to Margaret V. Clark, following children: John, with father in business; Kathrine age 16; Margaret age 11; Bernadette age 9; Dorothy age 4. Mrs. Duncan is dau. of Mathias and Katherine (O'Grady) Clark, both from Ireland to America. Mr. Duncan a Democrat, family is Catholic.
1917 "Genealogical records : manuscript entries of births, deaths and marriages, taken from family Bibles, 1581-1917" edited by Jeannie F.J. Robison and Henrietta C. Bartlett, pub. by The Colonial Dames of the State of New York (Placerville Library; FHL book 974.7 D28r and fiche 6,087,382)
Pg.247: Maria Van Beverhoudt, 1752-1791 (NY):
On Friday Morning ... 24 Sep 1774 was born my first daughter Margaretta and Baptized in Trinity Church by the Rev. Charles Inglis the Sponsors my Brother Thomas Barclay Ann Dorothy Boche and Margaretta Duncan. (no commas)
On Tuesday ... 16 March 1776 at New Barbadoes Neck, N. Jersey was born my second Daughter Maria and christened in Mynanunck Church by the Rev. Mr. Schoonmak(er) the Sponsors were Thos. Duncan Catherine Van Cortlandt and Elizabeth Bayard.
"The Constitution" Atlanta [Fulton Co.], GA. Friday, October 16, 1903 (transcription by and from Kathy Cawley 1/2004)
JOLT EXPLODED THE GUN - Charge Entered Duncan's Breast, Killing Him Instantly.
Russellville, Ky., October 15 -- George Duncan, of New York, was shot while hunting this morning and died in ten minutes. Mr. Duncan is a nephew of George B. Edwards, president of the deposit bank.
Duncan and Wesley Perry started out in a buggy to hunt birds. The gun was discharged by the buggy jolting and the entire charge took effect just below the heart.
Duncan was visiting from New York, where he practiced law. He is widely connected here, in Louisville and Nashville [Davidson Co.], Tenn. where he was born.
New York Emigrant Savings Bank Test Books, 1850-1868 and 1850-1883 (extracts from images by Kathy Cawley 3/2005; from Emigrant Savings Bank Records, Call number *R-USLHG *ZI-815, Rolls 1-20, New York Public Library, New York, New York.)
Name of depositor, date of the record, Microfilm Roll, account number, and sometimes occupation, residence, and other remarks.
Alice Duncan, Widow of Andrew Duncan, Parents: James & Alice Ward; Test Books, Transaction Date 1882 Sep 27; born ca 1820, Monaghan, Ireland; State of New York, Microfilm Roll 14, Account #167453
Edward Duncan or wife Emily Duncan; Emily, b. 1842, London, England, father Jno Sawyer; Test Books, Transaction Date 1868 Jan 11, born ca 1839, London, England; State of New York, Microfilm Roll 10, Account #63148; Residence: 27 Washington; Occupation: Engineer; Remarks: 1868 pr "Pellona"
Eliza A Duncan; John W?. Duncan, Occupation Clerk; Residence: 174 Franklin Street; Test Books, Transaction Date 1860 May 2; born ca 1828; State of New York, Microfilm Roll 5, Account #23741; Remarks: Nat. Ballina Mayo Ireland. arr. 1850 per "Constellation". Is married to Elizabeth A. Thompson, 3 child. She is from Villierstown, Co Waterford and arrived with him.
KDC: Another entry, dated May 19, 1862 states that they still reside at same address. Nat. Sligo, Ireland, arr'd. 1852 per "Constellation". Is married to Elizabeth Thompson, 3 child.
Ellen Duncan; Test Books, Transaction Date 1858 Jun 1; Microfilm Roll 5, Account #16955; Occupation: Governess; Residence: "Buchanan Home" NY; Remarks: Native of Isle of St. ?ze, Scotland. I arrived May 31, 1858 per ship E.C. Jansten?; father James Duncan, mai? pottland, Johanna Lewson, 2 bros. & ?pster James, Geo, Heth. Is Single.
James N Duncan; Test Books, Transaction Date 1865 Oct 10; born ca 1837, Forfershire Lcst.; State of New York, Microfilm Roll 9, Account #49613; Residence: E. 57 St.; Occupation: Layer hur?; Remarks: arrd. 1857 per "Glasgow". Wife Elanor Cronin
Margaret Duncan; Test Books, Transaction Date 1854 Mar 15; State of New York, Microfilm Roll 4, Account #6587; Occupation: None; Residence: 246 Pearl St.; Remarks: Native of Edinburgh, Scotland. Ar'd. at Montreal in 1832, per ship Oxford from Leith, parents dead. Fa. James Malcolm, Mo Agnes Esner. Is a widow, husband was James Duncan, 2 chi., Robt & Margaret.
William Duncan; Test Books, Transaction Date 1859 May 19; State of New York, Microfilm Roll 5, Account #19981; Occupation: Jointer; Residence: Norstrand Ave betw. Kozcuisko & DeKalb Ave, nat. Dunamargan Kell KilKenny Irl'd, arr'd. 1836 per "Quentin Larah". Is married to Honora Burke no children
Peter Matthews; Test Books, Transaction Date Nov'r. 22, 1852; Account #3176; Occupation: Millstone Builder; Residence: 32 Stone St.; Remarks: Nat of Cloneen 2 1/2 mi. from Granard Co. Longford, I'd. arr'd. in Boston 28th Aug't 1818, per the Brig Neptune from Dublin. Fa. dead Peter Mo. Margret Kielnan, 1 bro in I'd, John & 1 sis in Ulster Co'y Mary Cullen is married. Amend Dec 14, 1866; name: William Duncan, Norstrand Av Bklyn., 51 yrs., or Ellen Matthews, 50 yrs old; remarks: Co Kilkenny arr'd 1836 per Q. Lynch, arr'd 1835 per "Wa?holden".
END
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