Sunday, March 4, 2018

Richard E. Duncan and Wives

© Kathy Duncan, 2018

The picture below is of my great-grandparents, Richard E. Susie Gertrude (Nevill) Duncan, who lived near Avery in Red River County, Texas.  He was the son of Isaac and Susan P. (Reese) Duncan; she was the daughter of Grandison "Granville" D. and Rebecca Louise (Walker) Nevill. This picture made sometime before Susie's death in May, 1940.



Richard E. and Susie Gertrude (Nevill) Duncan

























After Susie's death, Ricard E. Duncan married Ester (Crow) Jackson.




Ester (Crow) and Richard E. Duncan



Saturday, March 3, 2018

Nancy M. (Owens) Kelley, Plaintiff - Kershaw County

© Kathy Duncan, 2018

This week I discovered Historic Newspapers of South Carolina, a free digital newspaper archives. It contained some of the same newspaper notices that I had already seen for my great-great-great grandmother, Nancy (Owens) Kelley's lawsuit against the administrators of her husband John Kelley's estate in Camden, Kershaw County, South Carolina. He died in 1859. The notices provide information as to where their land was but do not shed any light on why she felt it was necessary to sue her own children.













The oddest part, was that as near as I can tell, this suit did not damage her relationship with her children. In fact, several of them were still living with her during the Civil War and after when these requests for partition were occurring.

The Historic Newspapers of South Carolina turned up an earlier notice that I had never seen before. 



























Kershaw--In Equity
Nancy M. Kelley vs. Mansel P. Kelly, J. Ross Dye,
Admr, et al

BILL FOR PARTITION, & C.

It appearin to my satisfaction that ------ Redding and his wife, Nancy Redding, John K. Thomas, ------ Staggs and his wife, Charlotte Staggs, Thomas Thomas, Jr., ----- Booth and his wife, Francis Booth, and William Thomas, defendants to the above Bill, are without and reside beyond the limits of this State.

It is ordered, on motion of Shannon, Complainant's Solicitor, that the said defendants do answer, plead or demur to the above Bill within three months from the publication of this order. In default whereof an order pro confesso will be entered against them.
WM. R. TAYLOR, C. E. K. D.
Commisioner's Office, March 2d, 1860
March 6

Who are these people?????

From looking at many, many estate notices over the years, I know that generally speaking, everyone named is a legatee or relative. If a man is a bachelor, the legatees could be his parents, siblings, and the children of a deceased sibling. If a man is married with a family, the legatees tend to be his spouse, his children, and the children of a deceased child.

When I look at the people named in this notice, the only child of Nancy and John Kelly's who is named is my great-great grandfather Mansel P. Kelly. His other siblings are not named. I also know that none of  Nancy's children, even if they were deceased, were old enough at this time to have grown children. So these people are not Nancy and John Kelly's grandchildren.

It is possible that John Kelly had children by a previous wife and children by her? He was about 20 years older than Nancy, but was married to Nancy by the 1850 census. There were no children from a previous marriage in their household. Thus, the 1850 census does not have any clues. Yet.

This looks like a group of married daughters of John Kelly's. Unfortunately, their husbands are not named. That makes it harder to track them. The three Thomas males have me stumped. Shouldn't their names be Kelly unless they are grandsons by a deceased daughter? Are they grown or children? At what point did they leave South Carolina? Did they migrate together or have they scattered in all directions? Were they born in South Carolina? How old are they? Should I guess that they are roughly Nancy's age--maybe slightly older or younger?

It appears to me that settling the estate has been hampered by the absence of the other heirs, and the suit is an attempt to clear up loose ends.

But who are these people?????








Isaac Duncan, Sebastian County During the Civil War

© Kathy Duncan, 2018

My great-great grandfather Isaac Duncan, son of Browning and Rebecah W. (Pettus) Duncan, lived with his first wife, Martha Sales, and their children in Sebastian County, Arkansas during the Civil War. His Civil War service has always been a question mark.

Isaac Duncan's biography in the 1903 Atlas of Sebastian County by E.L. Hayes states--

"Duncan, Isaac Mr., was born February 15, 1828, in Kentucky, near Richmond. His father was Browning Duncan, born in Kentucky. His father, grandfather of Isaac Duncan was born in Virginia. He was in the War of 1812. Mr. Duncan was in the State Guard U.S. Militia. Mr. Duncan married a Miss Martha Sale, born in Tennessee. The first time by whom 8 children were born; 2 are now living. Becca F. Mannon and Sallie Wight.  He married Mrs Susan P. Hodges, born in Tennessee, and raised in Washington County, Ark.; the second time by whom 5 children were born: Samuel, Hodges, John, Thomas, Dora and Richard. Mr. Duncan now has 160 acres of good land - variety land. He has two wells on his premises of good capacity. Gas well in lot 7. He would sell."

There are errors in this entry--Sallie was married to a Knight not a Wight. Samuel Hodges was one person and a step-son.

Was the service in the State Guard U.S. Militia also an error? I've never found him on an enlistment list or receiving a pension. Can I even prove that he was a Northerner sympathizer??

The Oath of Allegiance that he signed sheds some light on this:



Name: Isaac Duncan
Residence: Sebastian
Description - Age: 36 years
Height: 5 ft. 8 in
Eyes: Black
Hair: Auburn
Complexion: Dark
Peculiarities: Stout

The age and residence match my Isaac Duncan and the description is in keeping with his portrait.

Click on Image to Enlarge


It is important to note that his Oath of Allegiance was signed in Fort Smith, Arkansas on 20 January 1864 before the Provost Marshall. 

In September of 1863, the Confederate capital moved to Washington in Hempstead County, Arkansas, which was in the southwestern corner of Arkansas below Fort Smith. Northern and southern sympathies in Arkansas were deeply divided. As the war was nearing an end, Lincoln wanted to be in a position to reestablish governments loyal to the Union in the South. States could receive Federal recognition and financial assistance if ten percent of those who voted in 1860 signed an Oath of Allegiance.  

On 19 January 1864, delegates adopted a new state Constitution. The following day, Isaac Duncan was in Fort Smith signing his Oath of Allegiance. On March 14 - 16, 1864, the new constitution was ratified in a 12,177 to 266 vote. Among other things, the new Constitution abolished slavery in Arkansas. In so voting, they had attempted to insure a "smooth" transition back into the Union when the war ended. Meanwhile, the Confederates maintained a capital in Washington, and the war would rage on for another year.

Preserved among family documents in a cousin's family were Isaac Duncan's Poll Tax receipt for 1906 and a tax receipt for 1907. Another indication of the value Isaac placed on voting.


Click on Image to Enlarg


The other thing this receipt did was give me the idea to search for I. Duncan instead of Isaac Duncan or Ike Duncan. This reference to an I. Duncan who served in Captain Turner's Rangers turned up:

FORT SMITH NEW ERA, May 14, 1864, p. 2, c. 1 

The Rangers.

 Captain Turner's company of Rangers are doing good work, ferreting out and killing bushwhackers. They are on the move all the time and render the government efficient service, as well as defend their own homes. They are in earnest, and not only know how to hunt, fight and whip bushwhackers, but know how to treat them when they happen to take prisoners. 

On the morning of the 5th inst., Sergt. Sails and I. Duncan, of Capt. Turner's company, were taken by the bushwhackers and after being kept for two or three hours Duncan was released, but Sails was stripped of all his clothing but his drawers and was then brutally shot. He was a worthy young man, a good soldier, and his loss is deeply felt by the company. 

On the night of the 6th, while camped near Smedley's Mill, Capt. Turner and 25 men were attacked by 54 bushwhackers, under Lafayette Glass. The Rangers repulsed them twice, killing three of the rebels and wounding seven, among whom was Glass, who is mortally wounded. Three of the Rangers were wounded, but not mortally.
[Source: Betts, Vicki. "Fort Smith New Era,  October 1863 - December 1864" (2106). By Title. Paper 34.]

I stumbled across a forum with the information that in Arkansas the Union Home Guards that were mounted were known as "Rangers." 

This seems very likely to be my Isaac Duncan, serving along side a relative of his father's first wife Martha Sales.




Thursday, March 1, 2018

Rebecah W Duncan - Letter, 1849

© Kathy Duncan, 2018

In this final letter, from Rebecah W. (Pettus) to John Springs, the administer of her father William Pettus's estate, she makes reference to her brother Samuel Knox Pettus, brother William Wadkins Pettus, mother Mary (Knox) Pettus, and brother-in-law Moses A. House. She also refers to a lawsuit between her brother Samuel Knox Pettus and brother-in-law Stephen Sutton that was heard in the Spring Term of 1849 in York County, South Carolina. That suit was promptly appealed to the South Carolina Court of Appeals (and can be read here). It appears that this feud over the settlement of William Pettus's estate probably created a permanent rift in the family.




Mr. John Springs     Dyer C Tennesse
                                 25th Jan 1849
D Sir  after a long absense I take pen in hand to inform you that we are enjoying the blessing to health at present through the mercy of God hoping thes lines may find yourself and family well I have nothing of great importance Brother S K family and Brother W W family are all well at presant they receive letters from their I am not any thing the better they in general keep what they hear friend if you feel yourself not able to attend to my  part any ? what ever you think proper is to act in your place if it is please the Lord to spare you until that period I would rather that you still keep it in your hands if you are willing I would be glad to hear how they manage the suit between Mother Brother S and Moses A they think they will gain it A H talks of coming next fall to attend to the bisness: the health of the Country is in general good. at presant the colera is raging up and down the Mississippi and all the towns from hear to  Orleans has had a hard winter so much wet times is hard cotton in the eed k$1 for hundred pork from $2 to 2 25 per hundred  I ? for you if you ? on the reception of this letter to send me word what they are all doing and how the times is: I have nothing more at presant but remain you Sincere friend until Death
Rebecah W Duncan


It seems that Rebecah W. (Pettus) Duncan's feeling that more could be done to administer her interests in her father's estate were correct. Her mother died six years later on 16 June 1855 in York County, South Carolina. As was typical of the time, when a widow died, her husband's estate went through its final settlement, usually without a mention of the wife. Therefore, even though William Pettus died in 1818, the final settlement of his state did not get underway until  August of 1855.



Thomas Newton Pettus and his sister Mariah's husband Stephen P. Sutton quickly set themselves up to administer the estate. In one regard, this made sense because they lived in the area. However, from later events it seems clear that they managed things to their own advantage. When an intestate estate is administered, all legatees should receive equal shares. By the end of the year, Sutton and company were selling off a large portion of the estate. By 1858, they were embroiled in another lawsuit with the family members in Tennessee, who took exception to how they managed the settlement.


This page last updated on March 3, 2018

Rebecah W Duncan - Letter, 1848

© Kathy Duncan, 2018

This letter seems to be from "Chister" in Gibson County, Tennessee, but I cannot find a place of that name in any nineteenth century gazeteers. Again, Rebecah W. (Pettus) Duncan is writing to John Springs in York County, South Carolina in the hope of receiving a settlement from her father William Pettus's estate. In this letter, she mentions her brother Samuel Knox Pettus, her sister Mariah (Pettus) Campbell Sutton, and her mother Mary (Knox) Pettus.






Chister Gibson County Ten   Febuary the 7 1848
Mr. John Springs
   Dear Father & Friend
I embrace another oppertunity of a few lines to you hoping these lines will find you all as they leave us in reasonable health at presant I have nothing verry particular. Brother Sam and all landed about the Middle of January Moses A House told me that you said you had nothing to do with the estate I said that you had something to do with my interest in the estate he said not that you was done with it and did not expect to have any thing more to do with it at all it is my wish and desire for you to proceed in the business if you could feel so disposed to act that no more of the property should be wasted I live a long way from them and heare nothing of consequence from those that are here they tell me but verry little about the concerns. you gave me more Sattisfaction in your letters than ever I received from any of them as for Mariah or Mother they have not sent me the scrape of a pen in seven years my relations seem to care verry little for me the reason they do not I have not the propperty as the rest has I care nothing for that if justice would have place with us all I never expect to have the enjoyment of my part from Mother if ever I get anything perhaps it will do my Children some little I am verry wakly and unhealthy at present I feel myself that I cannot last many years I have nothing more at present Remain your


Sincere Friend until Death
Rebecah W Duncan
I wish you to answer this leter as soon as you can convenienly

Wednesday, February 28, 2018

Rebecah W Duncan - Letter, 1847

© Kathy Duncan, 2018

This letter by Rebecah W. (Pettus) Duncan makes reference to her brothers Samuel Knox Pettus and William Wadkins Pettus, her mother Mary (Knox) Pettus, and her brother-in-law Stephen Sutton. By 1847, her brother Stephen Bullock Pettus was dead--and she does not refer to this Stephen as Brother.



Kind Sir        January the 13 1847
Mr John Springs I embrac this opportunity again to write to you through the mercy of our God that we are all spared; to see the end of another year in Reasonable health hoping these lines will find you and family Enjoying the same blessing  Mr Springs Brother Samuel received a letter from Brother Wadkins Not long since that made me believe Mother Was managing the estate in a verry bad way for my advantage ever to get any thing of my kind Father property I think it looks verry hard that the Negroes must be Sold to Support some of the Legatees and their children and I cannot even get the help of one. Wadkins wrote Mother Sold the Negroes for to Support them they must live verry high that has taken 3 of them I do not know how they manage for my part I believe if their was not so many of the whights to Support or they would work more they could make a support without seling of them Brother Samuel Said that Stephen did not work But a great manager I cannot think he is such a good one or they would do better: if Mother Cannot make a support She had better have a Division of them  Kind friend I wish your advise on this point has Mother any power or right to Sell any more than was left her life time or Widowhood these younger Negroes it appears to me that tis not right for them to be Sold Brother Wadkins sent word to know if I was willing to go my part with the rest in trying to Stop the Sale of the Negroes  I am willing: Wadkins Should thank the time that he was so much opposed to my




geting one of them that would have been sure out of my part and he would not have been the looser




Wm Campbell was telling me last Summer that Mother was wanting a Division of the younger Negroes  Some of the Legatees ware not willing as for my part I am if She would have all divided only what was left her life or Widowhood  Kind Friend if theire is any chance for a division Send me word as soon as oppertunity will permit I wish you to do all for me that you can if you please in that point it seems to me that my Relations cares not that I ever get any of my part or not  Kind Friend and Father in protection I have nothing more to write on that subject  Brother Samuel family and all his Children familys are well at present the price of corn is worth 1 dollar per barrel pork is worth from 3 to 3:25 cents per hundred wheat from 40 to 50 cents per bushel we have had a verry bad crop year the last season
I have nothing more at present  Mr Duncan joins me in respect to you and Family  I am your humble Succor for protection    
John Springs
Rebecah W Duncan
N.P. I wish you to send me a letter in answer to this if you please and let me know what manner Mother Sold the Negroes who to and what She got for them and which of them.



Browning Duncan - Letter, 1847

© Kathy Duncan, 2018


The second letter in this series was written by Browning Duncan, husband of Rebecah W. Pettus, and suggests a tension within the family. It also indicates that the Duncans have gone from Gibson County, Tennesse to Dyer County, Tennessee, a neighborning county. Again, this letter concerns settling the estate of Rebecah's father William Pettus, who died in York County, South Carolina. Browning asked that William Pettus's will be consulted for settling the estate. He does not seem to realize that William died intestate. This letter is also addressed to John Springs, the administrator of the estate and was found in his account ledger than the York County records.





Transcription:

Dyer County, Tennessee September
the 11 1847

Mr. John Springs  Dear sir I tak my pen in hand to in form you that we are all well and hope that these few lines will find you all enjouing the same blesings Mr Springs I want you to examin fatherinlaws will and see if the cant be a division made of them yong negroes I think that there can be one made and if they cant with out two mutch expense I would be glad it could be don Samuel and ? talks of comeing out there this fall and if the cant be a division made they talk of seling the negroes and bring them to this contry and if they do I want you to attend and have good security for the apearance of the negroes at the old ladys death if they get them in there hands it will be uncertain what will becom of them I am willing to sattisfy you for your trubble and I want you to right to me as soon as you get this letter I dont expect to get any thing as long as they can kepp me out of it
   I have nothing more to right but remain your friend
Browning Duncan