Person:John Duncan (123)

Records

Laurens Co. (Washington Dist.) SC Equity Court Records (FHL film 24,092; nothing in either file to show outcome of case) 1811, No.4. Henry Hilborn & Rachel his wife vs. Abel Dunkin executor of John Duncan decd, bill.

In Equity. Complaint by Henry Hilborn and wife Rachel of Newberry Dist. SC, that John Dunkin of Edgefield Dist. on 5 Nov. 1805 made his will and appointed his wife Rachel Dunkin and his son Abel Dunkin executrix and executor; that some time afterward, about 24 March 1809 he died without revoking or altering the will, copy attached marked "A". That Rachel Dunkin wife of John Dunkin, before the death of John Dunkin, about 11 Dec. 1805 died and said Abel Dunkin after the death of John Dunkin (date blank) qualified as sole executor. That oratrix (Rachel Hilborn) is the daughter of John Dunkin decd and one of the legatees in the will by the name of Rachel Dunkin and that on 22 Jan. 18xx (too dark) before the death of John Dunkin married orator (Henry Hilborn), and that John Dunkin's will provided (dark) ... equally divided among my children. That Abel Dunkin sold the property (accounting marked "B"). (Hilborns bought some items at the sale of property; they are claiming additional money due them from the division of the estate.)

1812, No.1. William Abrams & Martha his wife, Nicholas Welch & Margarett his wife, John Watson & Elizabeth his wife, Moses Duncan & Sarah his wife, Solomon Duty & Susannah his wife, vs. Elizabeth Whitmore administratrix of George Whitmore decd.

Complaint of William Abrams & Martha his wife of Laurens Dist., Nicholas Welch & Margaret his wife, John Watson & Elizabeth his wife of Pendleton District in State afsd, Moses Duncan & Sarah his wife, Solomon Duty & Susannah his wife of the State of TN; that George Whitmore late of Newberry Dist. SC (day blank) Feb. 1810 died intestate and without issue but possessed of considerable estate (including slaves, etc.), leaving Elizabeth Whitmore his widow & relict. Administration was granted his widow, who took his personal estate into her possession. That oratrixes Martha Abrams, Margaret Welsh, Elizabeth Watson, Sarah Duncan and Susannah Duty are sisters of said George Whitmore decd and entitled by law to a distributive share of the personal estate of the said George Whitmore. That Elizabeth Whitmore refuses to make an accounting and to pay the heirs their share; she sometimes pretends that the estate was not enough to pay his debts, and other times that there was a marriage contract between them that the whole estate belongs to herself.

Answer of Elizabeth Whitmore; that she and George Whitmore previous to their marriage, about 22 Dec. 1810, entered into a marriage contract, where it was agreed, that if they did not have issue during the marriage, if she were the longest liver, she would enjoy the real and personal estate for life and have the power to will one-half of it at her death; that if George Whitmore was the longest liver, he was entitled to the whole estate and could will one-half of it at his death. Marriage contract marked "A" (MAD: apparently not in file, as I think I copied all documents). That when Elizabeth married George Whitmore, she was a widow and possessed of a considerable personal estate; that George Whitmore also possessed considerable estate. That the personal estate they acquired after marriage was sold to pay debts, but it was insufficient to cover them. Elizabeth was the widow of William Garey? and at his death she and Thomas Gerry her brother in law were administrators; that before her marriage to George Whitmore, Isaac, a son, died intestate without issue and she was administrator; that at the time of her marriage she was indebted to her children for their part of their brother's estate in the amount of $514.90; that David Garey, another son, about 7 July 1810 made his will leaving 1/3 to his wife Susannah Garey, 1/3 to his son William Beauford Garey, and the other third to his daughter Malinda Garey and appointed his wife Susannah and said Elizabeth as his administrators, and died shortly afterwards and a short time after his death, his wife Susannah also died and said Elizabeth on 4 Aug. 1806 proved the will in the Newberry Dist. Court of Ordinary; that her property was acquired from the estate of said William Garey, Isaac Garey, and David Garey.

Newberry Co. SC Equity Court Records, in order by year, then Package number (FHL film 24,145)

Equity 1837: Package 6 (Box 22). John Shealy Adm. of Lydia Stephens dec vs Abel Dunkin Exc of John Dunkin dec, John Edmondson, Daniel Stewart, Nathan A. Hunter Adm. of Rachel Hilbourn, Polly Davis, William Dunkin, and Rebecca Prier, Isaac Farmer and wife Patsy, and Daniel Stewart. Bill.

In Equity, Newberry; John Shealy adm. of Lydia Stephens decd vs. Abel Dunkin Exec. of John Dunkin & others; Bill for sale of property &c. Filed 1 Feb. 1837. Rule peo?lisked? against & Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, and Isaac Farmer and Catharine his wife absent defendants in this case on 13th March 1837. /s/ D. Nance?, C.E. N.D. (Court Equity Newberry Dist.). Advise his? suppo? against ?? defendants 7 July 1837. /s/ D. Nance?, C.E. N.D.

State of SC, Newberry Dist, In Equity. To Honorable Chancellor of said state, complaint, orator John Shealy as admin. of estate of Lydia Stephens decd, that John Duncan made his will on 5 Nov. 1805, copy attached as Exhibit A, and afterwards died leaving the same in full force and virtue. That Abel Duncan who was by the testator appointed exec. of the will duly proved it same before the Ordinary of said district and obtained Letters Testamentary. That Margaret Duncan the widow of said testator was about to commence some proceedings against Abel for the purpose of setting aside the will on the ground that the testator had married her after making the will, and to avoid litigation, Abel entered into an agreement with her by which he stipulated to give her $200 worth of other property absolutely and a negro boy named Ned for her life if she would permit the will to stand uncontested. In pursuance of the agreement, Abel delivered to Margaret the property, all of which belonged to the estate of the testator, and she gave him a receipt for same, copy attached marked Exhibit B, to which agreement the said Lydia Stephens assented. That the testator by his will after giving certain specific legacies to certain of his children, directed the rest to be sold and equally divided among his children, of which residue the said negro boy Ned formed a part. That the testator left nine children, namely the said Abel Dunkin, the said Lydia, William Dunkin, Jeremiah Dunkin, Patsey the wife of John Williams, Rebecca the wife of Humphrey Prier, Catharine the wife of Isaac Farmer, Rachel the wife of Henry Hilburn, and Polly the wife of Thomas Dain. That Rebecca and William removed from this state many years ago and are said to be both dead; that Jeremiah removed from this state about 15 years since and has not been heard from in many years; that Patsey and Catharine removed from this state with their husbands about 20 years ago and have not been heard from in many years; that Rachel and Polly are both dead; and that (sic) are no legal representatives believed in this state of either the said Polly, Rachel, William or Rebecca; that said Lydia died intestate some years since and admin. of her estate has been duly committed to your orator; and that Rachel Duncan the wife of said testator at the time of making of the will died before the said testator. Your orator further shows that said Margaret Duncan recently departed this life. That the said Abel Dunkin removed from this state many years since and has resided in the State of AL as your orator has been informed and believes that said Abel has expressed his intention to carry off the said negro Ned out of this state, and sent an agent from AL to this state a few months ago, but the agent so sent was unable at that time to carry off the negro because Margaret was then living. That Margaret died intestate leaving two children, John Edmundson and (blank) the wife of Daniel Stewart her only heirs and next of kin surviving, and Daniel and John divided her property among them without obtaining any grant of administration on her estate, and have permitted the negro to go at large without exerting any control over him as they have represented to your orator, and the said negro is now living on the plantation in this district where Margaret resided at the time of her death; and your orator charges that it was and is the duty of said John Edmondson and Daniel Stewart ("and wife" has line drawn through it) to keep and take care of the negro until he can be properly delivered over for the use of your orator and the persons entitled in remainder. That the said negro may be and your orator charges there is great danger that he will be carried without the limits of the state to the detriment of your orator without the aid of this court. That without the aid of this court, the said negro cannot be sold according to the directions of the will and the profits of his labour will be lost to your orator and the other persons interested.

In tender consideration whereof and forasmuch as matters of this kind are properly cognizable in this court where alone adequate relief in the premises can be obtained, and to the end that said Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, Isaac Farmer and Catharine his wife, John Edmondson and Daniel Stewart may answer this bill, and that your honor may grant to your orator such relief as to equity may appertain, please issue a subpoena directed to the said Abel Dunkin, Jeremiah Dunkin, John Williams and Patsey his wife, Isaac Farmer and Patsey (MAD: sic) his wife, John Edmondson and Daniel Stewart commanding them to appear to answer this bill ... Oath by John Shealy that the facts stated as of his own knowledge are true and that he believes those stated upon the information of others to be true, 12 Jan. 1837.

And the said complainant by leave of the court for that purpose obtained by way of amendment to his Bill of Complaint, further states that since the filing of his original bill, Nathan A. Hunter has become administrator of the estates of Rachel Hilburn, Polly Dain, William and Rebecca Prior; and the complainant prays that the said Nathan A. Hunter may be made a party defendant to the bill.

Letters of Administration (printed form); State of SC, Newberry Dist., by William Wilson Esq., Ordinary of Newberry Dist., to John Sheely; whereas Lydia Stephens late of AL deceased lately died intestate, having whilst she lived ... divers goods, ... within the State afsd, ... grant John Sheely power to administer the goods of the deceased, to make an inventory and exhibit it in the Ordinary's Office at Newberry before 1 March next ensuing, and render an account. 12 Jan. 1837, /s/ W.Wilson, O.N.D.

Will of John Dunkin of Edgefield Dist. SC, weak of body, this 5 Nov. 1805; to my wife Rachel Dunkin all my houses and land containing 150 acres on the west side of Clouds Creek now my present dwelling for her to enjoy with my grist mill and all my furniture in my present dwelling during her widowhood, and after her decease, my son Jeremiah Dunkin to have the plantation and grist mill with said houses forever; likewise I give to my son Abel Dunkin a tract of land of 249 acres more or less where he now lives, likewise the cotton gin with privilege of water to the gin, a smith's anvil, vice & sledge hammer and a still with all the utensils belonging; likewise to my son William Dunkin 430 acres on the east side of Clouds Creek with a small mill, a smith's anvil, vice & sledge hammer forever; likewise to my daughter Rachel Dunkin a negro girl Chana forever; likewise after my decease that my debts be paid and what debts be due me with what goods may be left with the two negroes Sukey and Ben and horses, waggon, hogs, cattle, plantation tools and everything that is not mentioned above, may be sold and equally divided amongst my children with 100 acres known as Presscoats place; likewise I appoint my wife Rachel Dunkin and my son Abel Dunkin exec. /s/ John Dunkin. Wit. Isaac Davis, Ann (X) Fields, Michael Fields. (MAD's extract)

Exhibit B. John Shealey admin. of Lydia Stephens decd, vs. Abel Dunkin, Exec. of John Dunkin, and others; in Equity; Newberry. May 3rd 1809, recevd. of Abel Dunkin Executor of the estate of John Dunkin deceasd property to the amount of two hundred dollars in full of my dower of the sd. estate. also a negro boy named Ned during my natural life. I say reced. by me. Marget Dunkin.

Rootsweb

State: South Carolina Year: 1837

Location: Newberry Location Type: District

Abstract: John Shealy, administrator of the estate of the late Lydia Dunkin [Duncan] Stephens, seeks the court's assistance in securing a slave belonging to the estate of Lydia's late father, John Dunkin [Duncan], who died around 1805. Shealy explains that the executor of Dunkin's will, Abel Dunkin, arranged with Dunkin's widow, Margaret, to give the widow $200 worth of estate property and a life estate in a slave named Ned in exchange for her promise not to contest Dunkin's will. The will directed that Dunkin's property be sold and the residue be divided equally among his nine children. Most of the children have "removed from this State many years since," and many of them are presumed dead. Margaret Dunkin recently passed away, leaving two sons as her only heirs. The boys have "divided her property among them without obtaining any grant of administration on her estate." Shealy, who recently learned that they permit Ned "to go at large without exerting any control over him," fears that, if the heirs will not safely "keep and take care of the said negro until he can be properly delivered over for the use of your orator and the other persons entitled in remainder," then Ned may be "carried without the limits of the State to the detriment of your orator." He asks the court to intervene so that Ned can be sold "according to the directions of the said will and the profits of his labour" will not be lost to the heirs.

1. ↑ ^1.0 1.1 Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).

   http://person.ancestry.com/tree/62310950/person/30505690248/facts