Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised November 16, 2012
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Duncan research files of |
1820-1840 Cuyahoga Co. OH Census
No Duncan indexed
1850 Cuyahoga Co. OH Census
(handwritten page numbers)
Brooklyn
Pg.146, #1194, John DUNCAN 40 SCT shoemaker $950
Sarah 35 IRE
George 9, Mary A. 7 OH
Isabella 5, John 4 OH
Sarah 1 OH
Cleveland Ward 1
Pg.227, #335, A. DUNCAN (m) 42 IRE farmer
Robert 18, Thomas 15 IRE
Betty MORGAN 23 IRE
Pg.233, #--, E.W. DUNCAN (m) 25 CAN law student in hotel
Pg.247, #481, Eliza BROWN 40 IRE
W.L. GOODWIN (m) 40 CT (occup. illeg.) $2500
Mary 35 CT
Goodwin children 12 & younger b. OH
Christine DUNCAN? 22 GERMANY
Pg.282, #738, James TAYLOR 28 IRE
Ann 24 IRE
Margaret DUNCAN 22 IRE
Cleveland Ward 3
Pg.533, #2013, W. KEISEL (m) 30 GERM grocer
Barbara 37 OH & children
Moses DUNCAN 30 NY chandler
Mary 30 NY
& others
1860 Cuyahoga Co. OH Census
Parma Twp.
Pg.346, #1118-1092, Henry JAMES 30 ENG farmer $1200-$236
Alea (f) 26 Carle Inland (birthplace)
Mary Ann 5, Sarah Jane 4 Parma OH
Isadora 2 Parma OH
John DUNCAN 14 Parma OH
Brooklyn Twp.
Pg.447, #778-778, John DUNCAN 50 SCT engineer $400-$80
Elizabeth 25 IRE
George 19 NY
Sarah 11, Joseph 9 OH
Julia 6, William 2 OH
Cleveland Ward 1
Pg.576, #---,
Euclid Place boarding house
Edward A. DUNCON 29 MA publisher $0-$300
Maria A. 15 WI mar/in/year
Pg.613, #1848-1866, Saml. A. HAVINS 41 NJ carpenter & joiner $1200-$0
Adaline 38 NJ dress maker
Hahniman (m) 6 OH
Cereptha A. DUNCAN (f) 21 NJ
Pg.649, #2132-2150, Sarah DUNCAN 36 NY (blank) $0-$0 partially deaf
Sarah J. 10 OH
A.B. DUNCAN (m) 44 SCT candle & soap mfg $1600-$0
John 9, Adam (m) 9 OH
Hannah 6, Mary 5 OH
Martha A. 1 OH
Cleveland Ward 11
Pg.1103, #2625-2518, Hotel
Isabella DUNCAN 16 OH domestic
1870 Cuyahoga Co. OH Census
Brooklyn
Pg.39, #45-41, DUNCAN, John 61 SCT Saloon Keeper $600-$0, parents of foreign birth
Elisabeth 45 IRE keep'g house, parents of foreign birth
Joseph 18 OH farm lab., parents of foreign birth
Wm. 12 OH at home, parents of foreign birth
Arthur 7 OH Atg. school, parents of foreign birth
Cleveland, Ward 1
Pg.152, #646-833, DUNCAN, A.B. (m) 54 SCT soap & candle mfg. $12,000-$0, parents of foreign birth
Sarah 46 CANada keeping house, parents of foreign birth
John 19, Adam 18 OH works in soap fac., parents of foreign birth
Jane 20 OH at home, parents of foreign birth
Hannah 15, Mary 14 OH, parents of foreign birth
Cleveland Ward 3
Pg.284, #32-32, DUMSON, John 43 IRE R.R. hand $0-$200, parents of foreign birth
Margaret 34 IRE keeping house, parents of foreign birth
Mary 7, Teressi (f) 5 OH, parents of foreign birth
Katie 4, Nellie 3, John 2 OH, parents of foreign birth
Julia 2/12 OH b.Apr.
Cleveland Ward 4
Pg.427, #1653-1659, DAVIS, Wm. M. 66 NY Retd. Merchant $10,000-$1000
Sarah 58 NY K. house
Frank D. 18 MI painter
DUNCAN, Robt. 22 VT Clk. Store $0-$500, mar. in Aug.
Eliz. 21 VT K.house (not mar.in Aug.)
Pg.437, #1798-1787, ALFREST?, Hiram 39 VT builder $6000-$10,000
Sarah E. 58 OH K.house
Agness E. 14 OH
DUNCAN, George 30 OH Baggage Mast. Rt.
Mary 20 OH at home
DUNN, Ann 53 IRE D. servant, parents of foreign birth
Cleveland, Ward 6
Pg.5, #60-63, DUNCAN, Samuel 31 MA clergyman $15,000-$1,200
Sarah 31 RI keeping house $2,000-$3,000
Albert G. 1 OH
MARTIN, Kate? 24 IRE domestic servt., parents of foreign birth
PALMER, Mary 29 ENG domestic servt, parents of foreign birth
Pg.91, #1384-1494, RICHARD, Mary 50 HESSE DARMstrat, keeping house, $1200-$0, parents of foreign birth
John 17 NY cegar maker, parents of foreign birth
Willie (m) 14 OH, parents of foreign birth
Pg.91, #1384-1500, DUNCAN, John 26 MI cooper $0-$0
Eliza 22 HESE DARmstat keeping house, parents of foreign birth
Willie (m) 1 OH, mother of foreign birth
Cleveland Ward 9
Pg.351, #562-670, SHERER, Barbara 64 BAVaria keeping house $1800-$125, parents of foreign birth
DUNCAN, Julia C. 17 OH works in drug store, parents of foreign birth
BOYD, David R. 30 NY sailor, parents of foreign birth
Newburgh
Pg.490, #869-862, TURNEY, Jos?. 45 IRE county treas. $20,000-$30,000, parents of foreign birth
Asenithe 41 NY keeps house
Mary 17 OH at school, father of foreign birth
Wm. 10, Cora 5, Kitty 3 OH, father of foreign birth
Joseph 3/12 OH, b.Feb., father of foreign birth
DUNCAN, Geo. 28 OH store clerk, parents of foreign birth
HANSLY, Mary 20 OH Dom. servt., parents of foreign birth
1880 Cuyahoga Co. OH Soundex (pg.128C from index)
Cleveland City, #22 Outhwaite Street, Vol.13, ED 21, Sheet 8, Line 1
DUNCAN, Thomas Jr. 42 SCT (white male)
Mary A. 35 PA wife
Walter S. 7 PA son
Tillie 4, Mary 2 PA daus.
TRAMPTON, Pearle 9 PA "Ni" (MAD: niece?)
"and one servant"
1900 Cuyahoga Co. OH Census; partial (from Kathy Cawley 6/2004)
Cleveland twp., Cleveland City, ED# 210, Ward 42
Pg.23B, 810 Dennison Avenue, 138-148
SWEET, George R., head, w/m, Dec. 1871, age 28, M'd 5 yrs., Ohio, Oh., Oh., Tanner
Blanche E., wife, w/f, June 1877, age 22, 3 chi. born, 3 living, Mass., Can. (eng.), Can. (eng.)
Hazel M., dau., Sept 1895, age 4, Oh., Oh., Mass.
Wendel H., son, Oct 1896, age 3, Oh., Oh., Mass.
Helen M., dau., Nov 1898, age 1, Oh., Oh., Mass.
DUNCAN, Florence, House Servant, w/f, April 1885, age 15, single, OH., Can.(eng), PA.
Cleveland twp., Cleveland City, ED# 208, Ward 42
Pg.298A (image 43 of 51), 16-379-472
DUNCAN, Rose, Head, w/f, June 1859, Age 40, D'vcd, OH., OH., OH. Nurse
WINTER, Tina, Boarder, w/f, May 1864, Age 36, Single, PA., OH., OH. dressmaker
Cleveland twp., Cleveland City, ED# 149, Ward 29
Clinton Street, 21-228-366
KITCHEN, Jesse, head, w/m, Dec 1865, age 35, Vt., Mass., Can.(eng.), Lineman
Emma J., wife, w/f, Dec 1872, age 27, Can.(eng), Can.(Fr), Can.(eng)
Lulu, dau., w/f, Oct 1891, age 8, Mi., Vt., Can.
Albert, son, w/m, Dec 1893, age 6, Mi., Vt., Can.
Maggie, dau., w/f, June 1896, age 3, Oh., Vt., Can.
Olga, dau., w/f, June 1899, age 11/12, Oh., Vt., Can.
DUNCAN, George, boarder, w/m, unk. 1877, age 23, single, Oh., Ire., Ire., Watchman
(others, all boarders.)
1900 Census, Cleveland City, Ward 18, Cuyahoga County, Ohio (from Kathy Cawley 9/2008)
S.D.# 19, E.D.# 70, Page# 59B, Image# 18 of 24
164-202
160 Luther Street
DUNCAN,
Warren, Head, Feb 1838, age 62, m'd 40 yrs., OH./N.Y./N.Y., contractor/carpenter
Phastina, Wife, Apr 1844, age 56, 2 chi. born, 2 living, IA./N.H./OH.
Dan F., Son, Dec 1860, age 39, m'd 10 yrs., OH./OH./IA., salesman/pickles
Ida, Daughter, Mar 1866, age 34, D'vd., m'd 16 yrs., 2 chi. born, 2 living, OH./OH./IA., dressmaker
Josie, Gr.-Daughter, Feb 1885, age 15, OH./MO./OH., at school
Clio?, Gr.-Daughter, Jan 1887, age 13, OH./MO./OH., at school
Symonds, Harry, boarder, Nov 1865, age 34, single, PA./PA./PA.
(KDC: *there was no surname other then Duncan given to Josie & Clio)
(KDC: *Daniel is listed with his parents as well as with his wife; see 1880 Lake Co. OH, 1900 Allegheny Co. PA)
1910 Census, Cleveland Township, Cuyahoga County, Ohio (from Kathy Cawley 9/2008)
S.D.# 19, E.D.# 328, Page 29, Image 1 of 27
5710 Luther Avenue
8-9
DUNCAN,
Warren, Head, age 72, W'd., OH./OH./OH., carpenter/house
Ida, Daughter, age 43, single, OH./OH./OH., dressmaker/at home
MARMADUKE, Wm. C., Grandson, age 28, M1X, 3 yrs., OH./OH./OH., barber/shop
MARMADUKE, Josie, Grand-daughter, age 25, M1X, 0 chi., OH./OH./OH.
COPPER, Clara, Grand-daughter, age 22, single, OH./OH./OH., saleslady/store
(2 boarders)
(KDC: *Wm. C. Marmaduke must be husband of Josie, son-in-law of Ida; see 1920 Seattle, King Co. WA, census)
~
S.D.# 19, E.D.# 374, Page 306B, Image 13 of 24
8007 Cory? Avenue N.E.
154-211
DUNCAN,
Dan S., Head, age 48, M1X, 21 yrs., OH./OH./OH., mfg./condiments
Laura J., Wife, age 48, M1X, 2 chi. born, 2 living, PA./ENG./PA.
Warren S., Son, age 18, single, PA./OH./PA., salesman.trunk store, attends school
Randall E., Son, age 12, PA./OH./PA., attends school
1920 Census, Cleveland City, Cuyahoga County, Ohio (from Kathy Cawley 9/2008)
S.D.# 19 Ohio, E.D.# 467, Page# 245, Image# 29 of 41
10523 Columbia Avenue
325-319
DUNCAN,
Warren S., Head, rents, age 29, PA./OH./PA., superintendent/pickle co.
Gertrude, Wife, age 29, OH./ENG./ENG.
Lois L., Daughter, age 8/12, OH./PA./OH.
Index to the administration dockets of the Probate Court of Cuyahoga Co. OH (FHL film 887,527; SLC 9/10/2012)
Duncan, Alexander, Probate Court Docket A, 1852-1855, Case 431 & 489
Cuyahoga Co. OH Deed Index; from Cuyahoga Co. OH Recorder's Office webpages (Internet search 1/3/2012-1/5/2012)
MAD: search 1850+; saved only through 1880; search through 1899 returned 80 results. AFN number will access an image of the document.
MAD: no earlier deed for a Duncan; the only Dunkin to 1890 was AFN 188704190007, deed, W. Parsons, James Dunkin, 4/19/1887, St.Clair, 406/606
AFN, Doc.Type, Name, Assoc.Name, Date Recorded, Reference, Legal Description, Book / Page
185007050004, DEED, JACOB STEARNES, DANIEL DUNCAN, 7/5/1850, , , 44 / 843
185210090003, DEED, T KELLEY, ALEXANDER DUNCAN, 10/9/1852, , RIVER, 58 / 441
185307070012, DEED, ALEXANDER DUNCAN, ROBERT RAY, 7/7/1853, , RIVER, 66 / 119
185908010006, RELA, WILLIAM BUTLER DUNCAN, HENRY ROBBINS, 8/1/1859, , , 100 / 562
186207020005, DEED, ANN WALWORTH, ALEXANDER DUNCAN, 7/2/1862, , , 117 / 282
186509070011, DEED, MARY WALWORTH, A DUNCAN, 9/7/1865, , KINSMAN, 135 / 125
186601080011, DEED, A DUNCAN, JACOB WOLF, 1/8/1866, , KINSMAN, 139 / 90
186608090007, DEED, CARISSA BROWNELL, A DUNCAN, 8/9/1866, , , 141 / 456
186704270002, PAT, THOMAS DUNCAN, RICHARD DUNCAN, 4/27/1867, , BANK, 146 / 572
186705240012, DEED, PATRICK KELLEY, PATRICK DUNCAN, 5/24/1867, , , 149 / 67
186710190014, DEED, FRANCIS CHURCHILL, SAMUEL DUNCAN, 10/19/1867, , HURON, 151 / 198
186906100014, DEED, CARRIE FANSLER, SARAH DUNCAN, 6/10/1869, , PROSPECT, 166 / 90
187102240003, DEED, THOMAS JONES, SAMUEL DUNCAN, 2/24/1871, , TAYLOR, 184 / 137
187102250002, DEED, SAMUEL DUNCAN, THOMAS JAMES, 2/25/1871, , , 184 / 146
187110230002, DEED, REUBEN HITCHCOCK, WILLIAM BUTLER DUNCAN, 10/23/1871, , , 191 / 600
187110240001, DEED, WILLIAM BUTLER DUNCAN, GEORGE WRIGHT, 10/24/1871, , , 191 / 610
187205220012, DEED, SAMUEL DUNCAN, BELDEN SEYMOUR, 5/22/1872, , TAYLOR, 201 / 175
187206200024, DEED, ORLANDO CUTTER, ADAM DUNCAN, 6/20/1872, , , 203 / 158
187206290021, DEED, JAMES BROWN, ADAM DUNCAN, 6/29/1872, , SCOVILL, 203 / 244
187206290022, DEED, ADAM DUNCAN, JAMES BROWN, 6/29/1872, , DIKE, 203 / 245
187212170008, RELS, JOSEPH WILLETS, SAMUEL DUNCAN, 12/17/1872, , , 204 / 544
187309130019, DEED, SHERMAN TAFT, GEORGE DUNCAN, 9/13/1873, , , 222 / 6
187309220006, DEED, GEORGE DUNCAN, ISABELLA TAFT, 9/22/1873, , , 220 / 383
187310020012, DEED, GEORGE DUNCAN, SAMUEL FOLSOM, 10/2/1873, , , 221 / 355
187403070014, DEED, A DUNCAN, F DANIELS, 3/7/1874, , RACE, 228 / 539
187403110002, DEED, JOHN HERIG, ALEXANDER DUNCAN, 3/11/1874, , BURNHAM, 227 / 369
187403260019, DEED, EDWARD HEFFRON, GEORGE DUNCAN, 3/26/1874, , SHUNPIKE, 229 / 50
187403260020, DEED, GEORGE DUNCAN, MARGARET HEFFRON, 3/26/1874, , SHUNPIKE, 229 / 50
187406260016, DEED, ELIZABETH DUNCAN, GEORGE DUNCAN, 6/26/1874, , TURNPIKE, 235 / 167
187502150010, DEED, SARAH M F DUNCAN, JAMES CLEVELAND, 2/15/1875, , PROSPECT, 243 / 334
187604280010, DEED, ALEXANDER DUNCAN, ADAM DUNCAN, 4/28/1876, , CANAL, 259 / 505
187604280011, DEED, ADAM DUNCAN, ALEXANDER DUNCAN, 4/28/1876, , SCOVILLE, 259 / 506
187610240004, DEED, GEORGE DUNCAN, D JOHNSON, 10/24/1876, , TURNPIKE, 262 / 594
187610250007, DEED, ADAM DUNCAN, ALEXANDER DUNCAN, 10/25/1876, , SCOVILLE, 262 / 606
187705100011, DEED, ALEXANDER DUNCAN, HANNAH DUNCAN, 5/10/1877, , SCOVILLE, 279 / 281
187706040011, DEED, HANNAH DUNCAN, ALEXANDER DUNCAN, 6/4/1877, , BURNHAM, 279 / 520
187706060016, DEED, ALEXANDER DUNCAN, JOHN DUNCAN, 6/6/1877, , BURNHAM, 279 / 539
187706060017, DEED, JOHN DUNCAN, MARY DUNCAN, 6/6/1877, , BURNHAM, 279 / 539
187911040001, DEED, THOMAS GRAVES, SAMUEL DUNCAN, 11/4/1879, , CHAMPLAIN, 304 / 170
187912030006, DEED, SAMUEL DUNCAN, WILLIAM GORDON, 12/3/1879, , CHAMPLAIN, 304 / 319
Cuyahoga Co. OH Deeds; from Cuyahoga Co. OH Recorder's Office Webpages (Internet 1/5/2012)
44-843: 8 May 1850, Jacob L. Stearnes of Cleveland, Ohio, for $1,800 paid, to Daniel "Duntan" of Cleveland, sell to said Daniel Duncan the tract or lot of land in township of Cleveland, being No.7 in 12th range of townships in Connecticut Western Reserve in State of OH and which is also in the County of Cuyahoga, known as part of City Lot No.204, beg. on south side of Canal Baisin? at NW corner of land conveyed by David Long & wife Oct. 25, 1838 to J.F. Clark & Lyman Kendall, then ... with the canal to Cuyahoga River, then up the river ... to the beg., more or less, to him the said Daniel "Duntan" warrant title. /s/ Jacob L. Stearnes. Wit. James Wade Jr., Saml. G. Baldwin. Jacob L. Stearns ack. before James Wade Jr., Notary Public. Recorded July 5, 1850.
58-441/442: 1 May 1852, T.M. Kelley and wife Lucy H. Kelley of City of Cleveland, Ohio, for $2,600 from Alexander Duncan of said Cleveland, sell to said Duncan tract or lot of land in City of Cleveland, beg. on northerly line of River Street, 66 feet from west line of A. Kelley's sub lot 7, then north and at right angles with sd Street ... to the northerly line of River St., then ... to the beginning, being part of A. Kelley's sub lot No.6, more or less, warrant title. /s/ T.M. Kelley, Lucy H. Kelley. Wit. S.W. Crittenden, T.P. Spencer. They ack. instrument May 1, 1852, before S.W. Crittenden, Notary Public. Recorded Oct. 9, 1852.
66-119/120: 30 June 1853, Stephen J. Noble of Cleveland Ohio as administrator of estate of Alexander Duncan late of Cleveland, in Cuyahoga Co. OH, decd, who died "interstate" by virtue of order and decree of Probate Court for said Cuyahoga Co. OH on 21 May 1853 authorizing me to sell the real estate of said Alexander Duncan decd, and in pursuance of sale made, reported to & confirmed by said court on 30 June 1853, for $4,600 paid or secured to be paid by Robert J. Ray of Cleveland afsd, the purchaser, do sell to said Robert J. Ray a tract of land in Cleveland, in City of Cleveland, Cuyahoga Co. OH, beg. on northerly line of River Street, 66 feet from west line of A. Kelley's sub lot 7, then north and at right angles with sd Street ... to the northerly line of River St., then ... to the beginning, being part of A. Kelley's sub lot No.6, more or less. /s/ S.J. Noble, Admr. of Alexander Duncan decd. Wit. R.F. Paine, Dan R. Tilden. Ack. 30 June 1853 before Robert F. Paine, Notary Public. Recorded July 7, 1853. (MAD: Alexander Duncan died bef. 1855, leaving common-law widow Eliza, who sued or was sued by James Duncan and Robert Duncan as late as 1859 per court records; Alexander had two sons by his first wife in Ireland; Deed 58-441/2 he bought lot in Cleveland, Deed 66-119/120 it was sold to Robert J. Roy by admin. appointed 30 June 1853.)
100-562: 18 July 1859, William Butler Duncan of City of New York, for $1 paid by Henry A. Robbins of City of New York, transfer an indenture of mortgage dated 24 Feb. 1858 by Daniel J. Appleton & Julia R. Appleton to Royal E. Robbins and by him assigned to me on 25 Feb. afsd, together with the bond or obligation therein described, and the money due and to grow due thereon with interest, subject to the provision in the said Indenture of Mortgage mentioned, and appoint [Robbins] my attorney [re the mortgage.] /s/ W. Butler Duncan. Wit. W.J.A. Fuller, Wm. Coffin. State of New York, New York Co., SS. William Butler Duncan ack. 18 July 1859 before W.J.A. Fuller, Commissioner of State of Ohio resident in said state & county, 18 July 1859. Recorded Aug. 1, 1859.
"Reprint of the Ohio Cases Published in the Cleveland Law Record and Cleveland Law Reporter" Vol.4, Cleveland Law Record, by J.T. Bishop, pgs.29-32; "Ohio Decision Reprint" Vol.4 pgs.26 to 28 (California State Law Library, Sacramento, 1/2004)
ELIZA DUNCAN v. JAMES DUNCAN and Others; State of Ohio, District Court, Cuyahoga County; 4 Ohio Dec. Reprint 26; October, 1855.
This case was reversed by the Supreme Court with full report, 10 O.S., 181.
The husband of the plaintiff having deceased, she filed her petition for dower, which was opposed by James Duncan defendant, because, as he claimed -- 1st, the plaintiff was never married to the deceased; 2d, the deceased had another wife living at the time plaintiff claimed to have been married to the deceased.
It appeared in evidence that no marriage had ever in fact been solemnized between the plaintiff and Alexander Duncan, the deceased, but from 1847 to the time of his death, Duncan acknowledged the plaintiff as his wife -- she acknowledged him as her husband -- they passed as husband and wife, cohabited together, and had children. It also appeared in evidence that Alexander Duncan had a former wife living in Ireland, but it also appeared that she had deceased some six months previous to the death of Duncan. There was testimony to show that after the death of the former wife, the petitioner reminded the deceased of his promise to marry her, and he then renewed it, and finally died without any ceremony being actually performed. The petitioner and deceased having lived together as husband and wife from the time of making this last engagement till Alexander Duncan died, it was claimed by the petitioner's counsel, Messrs. J. Adams and Wm. Abbey, that the evidence in the case showed a valid marriage of the petitioner and the deceased, at common law, and that a solemnization of the marriage was not necessary to render it legal, and that the law of Ohio regulating marriages was merely directory, and did not render a common law marriage void.
(opinion) We are satisfied that the deceased had a former wife in Ireland, but the proof is just as clear that she was dead at least six months before the decease of Duncan. It is clear that after the former wife's death the petitioner called on the deceased to fulfill his promise to marry her, and he then agreed to do so, but died without having any marriage ceremony performed. They, however, lived together as if married, and passed as husband and wife, and acknowledged themselves as such up to Duncan's death. Was this a valid marriage by the common law, and also by the laws of Ohio? for it is to be governed by the law of Ohio, if it presents a different rule from the common law. ...
According to this rule, in order to constitute a valid marriage, all that is necessary by the common law, is, parties competent to contract, and an agreement to take effect immediately, whether followed by consummation or not, or in the future followed by subsequent cohabitation. In this case we find abundant evidence per verba de futuro, and subsequent cohabitation continuing up to the time of Duncan's death, from which to find a valid marriage. By the common law then the petitioner was the wife of Alexander Duncan.
In view of all the facts of this case, we are brought to the conclusion that the petitioner was the lawful wife of Alexander Duncan, and entitled to dower in the lands of which he died seized. We decree accordingly.
"Reports of cases argued and determined in the Supreme Court of Ohio" by Lender J. Critchfield, attorney at law, New Series Vol.X; "Ohio State Reports" Vol.10, pgs.181 to 188 (California State Law Library, Sacramento, 1/2004)
ROBERT DUNCAN v. ELIZA DUNCAN and Others; Supreme Court of Ohio; 10 Ohio St. 181; December, 1859 (Term).
Petition in error in the nature of a bill of review. Reserved in Cuyahoga County. This is a petition in error, in the nature of a bill of review, filed in the district court of Cuyahoga county, to reverse a decree of that court, and reserved for decision by this court.
The original case was a bill in chancery, filed in the common pleas of Cuyahoga county, by Eliza Duncan, now defendant in error, against Robert Duncan, now plaintiff in error, and others, alleging that she is the widow of Alexander Duncan, deceased; that said Alexander died seized of certain real estate described; and praying the assignment to her of dower therein. The case, having been determined in the common pleas, was taken, by appeal, to the district court, which court decreed dower to Eliza, as prayed for in her bill. To reverse this decree, this petition is prosecuted.
The facts of the case, on which this decree was based, as clearly appear from the bill, answers, exhibits and testimony, are substantially these:
Alexander Duncan, a native of Ireland, was married in that country. He abandoned his wife, came to this country, bringing with him two sons (of whom the plaintiff in error is one), the only offspring of such marriage, and settled at Cleveland, in this state. Soon afterward, the complainant below, Eliza, who had been brought up and lived in the same neighborhood with Alexander Duncan, in Ireland, and well knew both him and his wife, as well as the fact of his marriage, came over the water to Cleveland, at his request, and began to cohabit with him as his wife, under an agreement or understanding that, as soon as he could procure a divorce from his wife left behind in the old country, he would marry her, Eliza. He introduced and spoke of her as his wife, and she passed among the neighbors as such. Two children were the result of this adulterous connection; for the wife in Ireland still lived, and no divorce was ever obtained. Finally, news arrived (and which seems to have been true) of the death of the old wife, in a poor-house in Ireland. The promise that "he would marry her" was then renewed to Eliza; but no other marriage was ever celebrated, in any form, between them, and they continued to cohabit as before; and he, soon after, sickened and died.
The district court having, on this state of facts, decreed dower to Eliza, the sole question made by this proceeding in review is, whether a contract to marry in the future, followed by cohabitation as husband and wife, is, per se, a marriage?
The proof of some of the most important of the facts above mentioned, rests mainly upon declarations made by Eliza, after the death of Alexander Duncan; and it is objected that evidence of this kind is unreliable and unsatisfactory. This is often, and perhaps ordinarily so; but it is not always, or necessarily so, nor is it so in this case. She had ample means of knowing as to the facts of which she spoke; she made the declarations deliberately and repeatedly, under circumstances rebutting all suspicion of fraud or circumvention; and if they were otherwise, she had every apparent interest so to declare. The declarations of a party, made under such circumstances, often constitute the strongest and most satisfactory evidence.
We desire that it shall be distinctly noticed, that this case presents no question as to the validity of a marriage contract (otherwise than in accordance with the provisions of our statutes on that subject), per verba de proesenti, as if, the parties being competent to contract the relation of marriage, the man shall say, in the presence of witnesses, "I hereby take you for my wife;" and the woman shall say, "I hereby take you for my husband." The facts of the case make no such question; and we leave it where we find it.
Nor is this a question as to the presumption of a marriage from reputation; or from circumstances, such as cohabitation, holding each other out as husband and wife, and the like. Such presumption, in the absence of evidence to rebut it, is often and properly made. But the question, as before stated, is simply this, whether a contract to marry per verba de futuro, followed by cohabitation as husband and wife, is in itself a marriage? For, in this case, the evidence of the facts is clear and explicit, and there is no room for presumption.
The idea that a contract for a future marriage, followed by cohabitation as husband and wife, is itself a valid marriage at common law, seems to have obtained currency on the credit of remarks made by several elementary writers of distinguished learning and ability, and by certain judges of high character, speaking by way of obiter dicta, in cases in which this question was really in no way involved. But the better opinion now seems to be, that these remarks are unsupported by any case actually adjudicated and entitled to be considered as authoritative; and that such a contract never was a good marriage at common law, either in this country or in England; and the mistaken doctrine seems to have originated, either in the inadvertent confounding of what might, in the absence of rebutting evidence, be good presumptive evidence of a marriage, with marriage itself; or from the fact that such a contract per verba de futuro, followed by cohabitation, was one of which the canon law, as administered by ecclesiastical courts in England, until restrained by statute, would enforce the specific performance.
We have been cited to no case, and we can find none, decided either in England or in the United States, in which such a marriage as this is claimed to be has been held valid.
But while the opinion of the eminent jurists of the kingdom was thus nearly balanced as to the validity at common law of a marriage by words of present contract and not in the face of the church, there seems to have been no difference of opinion among them as to the invalidity of a marriage per verba de futuro, though followed by cohabitation. All of them are careful to distinguish the case before them from such a case, and either tacitly or expressly to admit the invalidity of the latter. And all of them, except Lord Brougham, admit that a marriage not celebrated in the face of the church, whatever else it may have been good for, did not carry with it the incident of dower. And the state of the law, as now understood in England, may be summed up as we find it in Kerr's Blackstone, vol. 1, 458: "Any contract made, per verba de proesenti, or in words of the present tense, and in the case of cohabitation per verba de futuro also, between parties able to contract, was, before the statute of George II., so far a valid marriage, that the parties might be compelled in the spiritual courts to celebrate it in facie ecclesioe. But these verbal contracts are now of no force to compel a future marriage; their only operation being to give the party who is willing to perform his promise a right of civil action against the one who refuses to do so."
Finding ourselves, then, compelled by no preponderating force of authority to the adoption of a doctrine so loose as that which would be necessary to sustain the marriage claimed to exist in this case, we are unwilling to do so. It seems to us that grave considerations of public policy forbid it; that it would be alien to the customs and ideas of our people, and would shock their sense of propriety and decency. That it would tend to weaken the public estimate of the sanctity of the marriage relation; to obscure the certainty of the rights of inheritance; would be opening a door to false pretenses of marriage, and to the imposition upon estates of supposititious heirs; and would place honest, God-ordained matrimony, and mere meretricious cohabitations too nearly on a level with each other.
We are of opinion that the decree of the district court ought to be reversed, and the original bill dismissed.
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, Andrew J., widow Duncan, Sarah E.; E 23 OH Inf., O.M. & A&K 39 US Inf.; 1891 June 26, Invalid Appl. #1035408, Cert. #1145720, OH; 1912 ?Oct. 18, Widow Appl. #995003, no cert., OH; remarks C2478820. (MAD: 1900-1910 Cuyahoga Co. OH)
Duncan, George J.; A 124 Ohio Inf., A 177 Ohio Inf.; 1892 Jan. 6, Invalid Appl. #1081626, Cert. #854827, Kans. (MAD: ? 1880 Cuyahoga Co. OH)
Duncan, John A., widow Duncan, Elizabeth B.; F 23 Mich. Inf.; 1890 July 7, Widow Appl. #433517, Cert. #285433, Ohio. (MAD: ? 1880 Cuyahoga Co. OH)
1879 "History of Cuyahoga County, Ohio : in three parts : part first, General history of the county, part second, History of Cleveland, part third, History of the townships : with portraits and biographical sketches of its prominent men and pioneers" by Crisfield Johnson; pub. Philadelphia: D.W. Ensign & Co. (LH6226, HeritageQuest images 5/2007; FHL book 977.131 H2j and films 982,061 item 1)
Pg.132: One Hundred and Third Infantry. Company A. Michael Duncan, enr. as Sergt. Aug. 15, 1862. Promoted to 1st Sergt. July 1, 1863, and to 1st Lieut. May 29, 1865. Mustered out with the Reg. June 12, 1865.
Pg.154: One year infantry regiments. Company A. George J. Duncan, enr. as Sergt. Aug. 19, 1864. Mustered out with the Co.
Pg.259: Second Baptist Church of Cleveland ... Rev. Samuel W. Duncan, called as supply for six months, August 18, 1867, ordained as pastor, and continued until his resignation March 10, 1875.
1914 "The Book of Clevelanders : a biographical dictionary of living men of the city of Cleveland." (Cuyahoga Co. OH) (anonymous); pub. Cleveland: Burrows Bros. Co. (LH8108, HeritageQuest 3/2007)
Pg.82: DUNCAN, B.M.; attorney; born, Millersburg, O., June 30, 1879; son of John and Isabel Jameson Duncan; educated, St.Laurence University and Ohio State University, law course; member of firm Howell, Roberts & Duncan; member Alpha Tau Omega, Phi Delta Phi (Law) and Phi Beta Kappa Fraternities.
Pg.82: DUNCAN, William McKinley; lawyer; born, Pittsburg, Pa., May 19, 1873; son of Andrew J. and Sarah McKinley Duncan; educated, public schools Pittsburg, Pa., and Rayen High school, Youngstown, O., and Cornell University, Ithaca, N.Y.; married, Youngstown, O., Oct. 18, 1899, Viola Deetrick; issue, three sons; admitted to bar, October, 1894; associated with Squire, Sanders & Dempsey ever since; became member of firm, January, 1911; representing Eastern Trunk Railroad in the engineer arbitration; receiver of the Wheeling & Lake Erie R.R. Co.; member Union, Athletic, Mayfield and Hermit Clubs. (MAD: Pittsburg, Allegheny Co. PA)
"Men of Ohio" (anonymous); pub. Cleveland: The Cleveland Leader and the Cleveland News, 19--, 196 pgs. (LH7154, HeritageQuest images 5/2007; FHL book 977.1 D3m and film 873,788 item 4)
Pg.30: (photo) DUNCAN, WILLIAM McKINLEY, attorney, b. Pittsburg, May 19, 1873; s. Andrew Jackson and Sarah (McKinley) Duncan. Educated Pittsburg and Rayen High Schools and at Cornell University. Mar. Viola Deetrick of Youngstown, O. Oct. 18, 1899. Has practised law in Cleveland since 1894. Appointed general attorney for the Wheeling and Lake Erie railroad company in 1905 and continued to serve after appointment of reciever June 1, 1908. Appointed receiver for the road on June 20, 1912; attorney for conference commission of managers of eastern railways in engineers' wage arbitration, Manhattan Beach, summer 1912. Member firm Squire, Sanders & Dempsey. Republican. Presbyterian. Member Union, Cleveland Athletic, Hermit, Mayfield and Country clubs. Residence, 2056 East 90th street. Office, Leader-News Building, Cleveland. (MAD: Pittsburg, Allegheny Co. PA; Cleveland, Cuyahoga Co. OH)
1896 "A history of the city of Cleveland : its settlement, rise and progress : 1796-1896" (Cuyahoga Co. OH) by James Harrison Kennedy; pub. Cleveland: Imperial Press (LH8150, HeritageQuest images 5/2007; FHL book 977.132 H2k)
Pg.186: Western Reserve Historical Society, four record books ... the first books used for banking in Cleveland, for the Commercial Bank of Lake Erie, which commenced business in August, 1816 ... the bank failed in 1820. On the second day of April, 1832, it was reorganized and resumed business ... the following gentlemen constituted its directory: ... James Duncan. Its charter expired in 1842. ...
1910 "History of the Western Reserve" by Harriet Taylor Upton; pub. Chicago: Lewis Pub. Co. (LH7269, HeritageQuest images 5/2007; FHL book 977.13 H2u v.1-3 and films 934,867 item 2 and 934,868 items 1-2)
Pg.1471-1742: Dr. JOHN DEETRICK, born in Allegheny Co. PA on 7th March 1844, married 8 Nov. 1869 to Elizabeth M. Parks born in Butler Co. PA on 5th April 1848. In 1882 Dr. Deetrick took up his residence in Youngstown, Ohio, ... Became parents of two children, James Wilbert Deetrick born at Middlesex, Butler Co. PA, in November 1870, and Anna Viola who is now the wife of William M. Duncan and resides in Cleveland. Mr. Deetrick, ... passed to his reward on the 12th of June, 1907. (MAD: Cleveland, Cuyahoga Co. OH; Youngstown, Mahoning Co. OH)
1889 "History of Allegheny County, Pennsylvania : Including its early settlement and progress to the present time; a description of its historic and interesting localities; its cities, towns and villages; religious, educational, social and military history; mining, manufacturing and commercial interests; improvements, resources, statistics, etc. Also portraits of some of its prominent men, and biographies of many of its representative citizens" Vol.1 & 2, pub. by A. Warner (FHL fiche 6,088,079 and 6,088,080; FHL book 974.885 H2a)
Vol.2, pg.361: DANIEL S. DUNCAN, superintendent of Sharpsburg water-works, was born in Ashtabula Co. OH in 1861, a son of Warren Duncan, a prominent contract carpenter of Cleveland [Cuyahoga Co.], OH. Daniel was educated in the public schools of Painesville, OH, and followed the machinist's trade several years ... In 1886 he came to Pennsylvania and followed a commercial life. ... In 1888 he married Miss Swindells, a teacher in the public school, and a daughter of William Swindells, an old resident of Sharpsburg. ...
1897 "Biographical Review; containing life sketches of leading citizens of Pittsburg [Allegheny Co. PA and the vicinity, Pennsylvania." [Vol.24] pub. Boston : Biographical review publishing co., 1897. (University of Pittsburgh's Digital Research Library, Historic Pittsburgh Full-Text Collection image 3/2007; FHL film 928,256 item 1)
http://digital.library.pitt.edu:80/p/pitttext/
Pg.463: Dr. J. GUY McCANDLESS, a prominent physician of Pittsburg, was born at Perrysville, Allegheny Co., January 1, 1839, son of Dr. Alexander G. and Margaret A. (Guy) McCandless. His great-grandfather, Witham McCandless, a farmer by occupation, who emigrated from Scotland to the north of Ireland, and thence to America, died in Washington Co. PA. Witham's son, Archibald, who was born in Allegheny Co. in 1756, removed to Illinois, and died in Macomb, McDonough Co., of that State. ... Archibald was for nearly fifty years an Elder in the Presbyterian church. He married Elizabeth McCandless, who died February 25, 1838. She joined the Presbyterian church at the age of fifteen years ... Alexander G. McCandless, one of Archibald's 13 children, was born January 15, 1816, in Allegheny Co. He had practised medicine for many years before removing to Pittsburg in 1849. There he owned real estate, and built several houses upon Centre Avenue. He died Feb. 24, 1875. On Feb. 15, 1838, he was married by the Rev. John K. Cunningham to Margaret A. Guy. The Guys were settlers of Allegheny County ... The father of Mrs. Margaret McCandless was a farmer and a stauch Presbyterian, being for many years an Elder in the church. Of his nine children one died in infancy. Those still living are: William and Josiah Guy, who are residing in Allegheny County; Eleanor Duncan, who lives in Cleveland [MAD: Cuyahoga Co.], Ohio; and Mary Elizabeth Johnson, a resident of Coraopolis. The children of Dr. Alexander McCandless were: Josiah Guy, born January 1, 1839; Elizabeth Jane, born Feb. 24, 1845; and Alexander William AEsculapius McCandless, born May 5, 1849, who is a retired physician. Elizabeth, now residing with her mother, is the widow of Phineas R. Gray, a druggist, who died October 14, 1873. .... (MAD: more on J. Guy McCandless not copied)
1880 "History of Kalamazoo County, Michigan : with illustrations and biographical sketches of its prominent men and pioneers." by Samuel W. Durant, pub. Philadelphia: Everts & Abbott (pg.452 from Louis Boone 3/1985; HeritageQuest image 2/2007, Local History Reel/Fiche Number 4959; FHL book 977.417 H2d and film 908,703 item 2)
Pg.444-445, Township of Prairie Ronde: Delamore Duncan, a native of New Hampshire, visited Michigan in 1825, and stopped from six to nine months at Dexter, Washtenaw Co. He then returned East as far as probably Cuyahoga Co., Ohio, where he stayed about a year, and then went to Vermont, remaining some two years. In March, 1829, he came to Prairie Ronde and making a claim, returned to Huron Co., Ohio, and "took unto himself a wife," and in October of that year came back to Michigan, with his father, leaving his wife behind. The family of his father accompanied them. A log house was built on the bank of Rocky Creek, about one hundred yards west of the present residence of Charles C. Duncan : the place occupied by the latter is the old Delamore Duncan homestead, and is now the property of his widow. William Duncan had made his claim in April, 1829, the next month after his son's choice was made, and, remaining upon it through the summer, returned for his family and brought them back in October as stated. Delamore Duncan's wife followed in January, 1830, in company with her father, Joel Clark, who drove through with a horse-team. The Duncans came with an ox-team, driving their stock and camping out by night. When they arrived, Col. Fellows had his house up and partly finished, and they stayed with him until they had built for themselves. William Duncan, whose farm was situated next north of his son's, went at an early day to Iowa and built and operated a saw-mill and a grist-mill near Des Moines. He finally returned to Michigan, and continued to reside here until his death, which occurred about 1850. In the spring of 1836 he had, in company with his son, built a saw-mill on the latter's place, which is yet standing, though greatly improved and extensively repaired. They had previously built a saw-mill on the Paw Paw at Watervliet, in the edge of Berrien County. Delamore Duncan and Timothy Fellows were afterwards interested in another saw-mill, north of one previously mentioned in Prairie Ronde. Delamore Duncan held numerous offices in the township, and was the first sheriff of Kalamazoo County. His widow remarks that "her house was the first jail in the county and she was the jailer," that being on the occasion of the first justice court, held in October, 1831. Mr. Duncan died April 30, 1870, aged sixty-five years. His father, William Duncan, was a Territorial justice of the peace, and held court as far away as Gull Prairie. He was also the first clerk for the county of Kalamazoo, his commission being dated Aug. 17, 1830, and signed by "Lew. Cass," Governor.
The following is some of the evidence presented at a suit before William Duncan, Esq., the parties to the suit being George Brown and John C. Carpenter: "Territory of Michigan, Kalamazoo County, SS. The evidence given on oath and in the presence of George Brown by the several witnesses before William Duncan, Justice of the Peace, ... 4 May 1832, ... (MAD: more not copied here)
It has been previously stated that when Mrs. Delamore Duncan came to Prairie Ronde, in January, 1830, her father, Joel Clark, accompanied her. The farm of Mr. Clark was located on section 2. His son, Justin Clark, had preceded him to the township in August, 1829, and was living with the Duncans at the time of his father's arrival. Mr. Clark and the son named are now both deceased; two other sons, Edwin and Philo D., are residents of the town. (MAD: footnote on the Clark family, not copied here)
In the spring of 1830, Delamore Duncan built on his place a frame barn, and, notwithstanding the expressed fears of many that the "raising" could not be accomplished without the aid of liquor, which was the plan contemplated, the work was successfully carried to completion, and not a drop of liquor was used. This barn was the first frame structure erected in the township of Prairie Ronde or the county of Kalamazoo. The timbers for the frame ... The barn built by Mr. Duncan is yet standing. ...
Pg.453-454: DELAMORE DUNCAN. This gentleman was the eldest son of the preceding [MAD: William Duncan, see Kalamazoo Co. MI], and born Nov. 24, 1805, at Lyman [Grafton Co.], N.H. At Monroe, to which place his father removed in 1810, he attended the common school, of which his father was teacher, until 1815. After his father's purchase of the wool-carding and cloth-dressing mill, he worked in the mill during the summer and attended school in the winter months. His mother died when he was sixteen years of age, and in the following year, his father giving up housekeeping, he went to live with his grandfather at Acworth [Sullivan Co. NH], where he worked on the farm and acted as secretary to his grandfather.
In April, 1825, with his effects in a knapsack strapped upon his back, he took his way over the Green Mountains through the snow on foot, ... but ... took passage in the stage-coach, and soon after joined his father in Syracuse [Onondaga Co.], N.Y., whither he had preceded his son. From thence he accompanied his parent to Michigan, and as stated in the preceding biography, assisted him in building a mill-dam at Dexter, Washtenaw Co. On the 3d of September, 1825, he left his father at Dexter and proceeded to Brecksville, Cuyahoga Co., Ohio, where he engaged in cutting stone for locks on the Ohio canal. Here he remained until the autumn of 1826, when, his health failing, he returned to his grandfather's in New Hampshire, where he continued until the spring of 1827, at which time he removed to McIndoes Falls, Caledonia Co., Vt., and engaged in lumbering until the fall of 1828, when, in company with his brother William and sister Eliza Ann, he journeyed to Lyme, Huron Co. OH, to which place his father had removed and purchased a farm.
At that place he taught school until Feb. 1829, when, in company with Elisha Doane, he once more started for Michigan, ... in March they reached Prairie Ronde, where Mr. Duncan selected his land and chose the site of his future home. Leving his stock with a Mr. Wilmarth, he returned to Ohio, reaching Lyme on the 1st of April. From there he shortly after went to Dayton ... until August, when he returned to Lyme, where, on the 8th of September, 1829, he married Miss Parmela Clark. This union ... happy one ... She united with the Baptist Church in early life and has ever since been an earnest and consistent Christian and faithful member. Mrs. Duncan was born in the town of Johnson, Lamoille Co., VT, August 18, 1811.
To this union were born nine children, as follows: Cordelia Ann, William Gilmore, Granville Joel, Jane Coffran, Delamore, Jr., Delia Parmela, Edwin Freeman, Charles Clark, and Helen Marian, of whom four are living, to wit: Delamore, Jr., Edwin F., Charles C., and Helen Marian. The others died in childhood. Mr. and Mrs. Duncan, in addition to their own, have had the care of no less than sixteen other children, whom they have sent into the world useful men and women.
On the 5th of October, 1829, Mr. Duncan, in company with his father, again set out for Michigan. ... his wife remaining with her father, who was to follow in January, 1830. ... They finally arrived on Prairie Ronde on the 20th of October, and moved in with Col. Fellows until they could prepare their own house for occupation. ... At an election ... on the 17th day of May, 1830, he was nominated the first sheriff of Kalamazoo County, his commission dating from Oct. 1, 1830. ... In Feb. 1832, he sold his farm, on the west side of Prairie Ronde, to John Knight, and removed to Gourd-Neck Prairie, where he purchased a farm and built a plank. Knight failing to fulfill the contract, the farm fell into his hands again, and he sold the one on Gourd-Neck Prairie to Asa Briggs and removed to his old homestead in July, 1832. ... In December, 1839, in company with his brother-in-law, Justin Clark, he made a prospecting tour of the State, ... In politics a Whig, subsequently a Free-Soiler, and upon the formation of the Republican party became a member of that organization. ... until his death, May 1, 1870.
1878 "The History of Livingston County, Illinois : containing a history of the county -- its cities, towns, &c., a directory of its tax-payers, war record of its volunteers in the late rebellion, portraits of early settlers and prominent men, general and local statistics, map of Livingston County, history of Illinois, illustrated, history of the Northwest, illustrated, Constitution of the United States, miscellaneous matters, &c., &C." by O.F. Pearre; pub. Chicago: W. Le Baron, Jr. & Co. (LH5449, HeritageQuest images 4/2007; FHL 934,999 item 3)
Pg.627-628: THOMAS CLELAND, retired, Pontiac; was born near Rochester, N.Y., Nov. 22, 1814; when about 6 years old, he removed with his parents to Chautauqua Co., age of 14 left home, removed to Erie Co., Penn., thence to Geauga Co. OH, thence to Cuyahoga Co. Here he was married Nov. 22, 1837, to Miss Mary A. Duncan; she was born in Butler Co. PA, Oct. 17, 1817; they have had six children, four of whom are living - Clara, now Mrs. J.C. Cheesebro, of Saunemin; William H., Walter M. and Thomas O. From Ohio he moved to Mercer Co., Penn., and three years later to Allen Co., Ohio; in 1847, he came to Kendall Co., IL; in 1850 he went [to] California, leaving his family in Kendall Co., returning in 1852, he removed with his family to Pontiac, and has been a resident of Livingston Co. ever since.
1883 "History of the State of Kansas : containing a full account of its growth from an uninhabited territory to a wealthy and important state; of its early settlements; a supplementary history and description of its counties, cities, towns and villages, their advantages, industries and commerce, to which are added biographical sketches and portraits of prominent men and early settlers" ed. by William G. Cutler, A.T. Andreas; pub. Chicago : A.T. Andreas (FHL book 978.1 H2hi 1976 & v.2; FHL film 982,248 items 1-2)
Pg.707: Saline Co., Assaria. JOSEPH DUNCAN, merchant, was born in Cleveland, [Cuyahoga Co.] Ohio, September 18, 1851; was reared and educated in his native State, gaining considerable mercantile experience. Came to Kansas in 1870, and located at Brookville, and was Assistant Postmaster for two or three years, under Leslie and Hogan, the first Postmasters at this point. In 1874, started the lumber and coal business, and in 1875 was put in as manager, with full control of the large store here, called Beebe & Co., though still retaining the lumber business, which he hired some one to take charge of for him. In 1878, bought a livery barn near the store, and still continues that business in connection with the store and lumber yard. In 1882, he took in a partner and bought out the firm of Beebe & Co., and moved the stock to the City Hall building, where they carry a stock of general merchandise, under the firm name of Duncan & Cary. They carry a stock of $12,000, and do a business of $33,000 per year. He is also proprietor of the Brookville Furniture Store. He married in Ellsworth County, Kan., January 1, 1875, Miss Carrie C. Henry, a native of Pennsylvania. She was born in Armstrong County, Pa., July 20, 1852. They have two children -- Ida M. and Mary E.
"The Evening Times" Cumberland [Allegany Co.], Maryland, Saturday, December 28, 1907 (transcription by and from Kathy Cawley 2/2004)
Suit Over McKinley Estate
Canton, O., Dec. 27 --- William M. Duncan, of Cleveland [Cuyahoga Co.], a nephew of the late President McKinley, yesterday filed suit in Common Plea Court for $10,000 against R.F. Shields, administrator of Abner McKinley's estate, and against the widow and daughter of Abner McKinley. Duncan alleges that Abner McKinley borrowed $10, 000 from Helen McKinley in return for an assignment of his interest in President McKinley's estate and that Helen assigned the claim to Duncan. He says Abner McKinley refused to recognize the claim in his lifetime.
Some early Duncans in Cuyahoga Co. OH:
George Duncan, 22 Aug. 1848, mar. Sarah Stearns (from IGI at Family History Library) (MAD: 1850 Lake Co. OH census)
Samuel White Duncan, 12 Dec. 1868, and wife Sarah Margaret (Greene) Fuller, had son Albert Greene Duncan born Cleveland, OH; Samuel 1838-1898 the son of James Henry Duncan 1793-1869 and Mary Willis, James Henry the son of James Duncan 1756-1822 and Rebecca White, descended from Duncans of Londonderry [Rockingham Co.], NH. ("The Abridged Compendium of American Genealogy" from Laura Jones 8/1983; pg.149, Vol.21, "National Cyclopedia of American Biography" FHL book 973 D36n, from Evelyn Sigler 11/1984; and biographical sketch of Albert Greene Duncan's brother Samuel White Duncan, born 14 Feb. 1873 Cleveland, OH, from pg.378, Vol.29, 1927, "American Biography, a New Cyclopedia", spine title: "Encyclopedia of American Biography", Old Series, pub. by American Historical Society, FHL book 973 D36e)
END
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