Monday, January 11, 2016

Amanuensis Monday~Heirs at Law–William B. Duncan


Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.


Today’s subject is the Heirs at Law of the Estate of William B. Duncan. 


William B. Duncan married Sarah Smith daughter of Riley Smith and Timmey Spencer. Their first born Elizabeth was born in 1849 suggesting a possibly marriage about 1848. They had 5 children; four daughters and one son.1
 
1860 Census, Family 500
1860 Census, Chesterfield County, SC










Image 340 – Request for Guardianship
Sarah Duncan Probate

Transcription:

State of South Carolina}
Chesterfield District}
To Hugh Craig Sen. Esq. Ordinary
The Humble Petition of Sarah Duncan—
Sheweth that Wm. B. Duncan late of said district deceased, lately died intestate, having in his lifetime and at the time of his death divers goods & chattels, rights & credits amounting to about Six hundred dollars [Insert] Confederate Currency, and leaving the following children Viz – Elizabeth Duncan about 17 years of age , Delilah J. Duncan about 15 years of age, Orry M. Duncan about 11 years of age, -- Mary C. Duncan about 9 years of age and William B. Duncan about 7 years of age, each one of whom has an undivided interest in said Estate. Your petitioner therefore prays that she may be appointed guardian in Chief for the said minor children.
April 2nd 1866                                              S/Sarah Duncan
It is ordered that Mrs. Sarah Duncan be appointed guardian in Chief for the above named minor children upon her giving bond & Security in the sum if Six hundred Dollar and that she be authorized to receive the amount due said Estate from the hands of the Adm.
Apr. 2nd 1866                                         Hugh Craig, Sen.
                                                                O. C. D.
We conscent <sic> that Mrs. Sarah Duncan be appointed our guardian in chief as above stated.
Apr. 2nd 1866                                        S/Elizabeth Duncan
                                                              S/Delilah J. Duncan
It is ordered that Mrs. Sarah Duncan be appointed guardian in Chief for the other minor children.
Apr 2nd 1866-                                       Hugh Craig, Sen
                                                              O.C. D.
I don’t have an explanation for the name discrepancy between the 1860 Census and the 1866 Guardian letter by Sarah Duncan. In 1860, one daughter was named as Sarah A. Duncan; this same daughter seems to be referred to as Orry M. Duncan in the 1866 Request for Guardianship.
 
 
 






 
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[1] 1860 U. S. Census, Chesterfield County, South Carolina, population schedule, Chesterfield, South Carolina, Page: 129 (stamped); Line 35, Dwelling 501, Family 500, Household of W. B. DUNCAN; digital images, Ancestry.com (http://www.ancestry.com : viewed 6 January 2016); citing National Archives Microfilm M653-1217.
[2] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19383-30966-30?cc=1911928 : accessed 10 January 2016), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0023-0064 > image 340 of 709; county courthouses, South Carolina, and South Carolina Department of Archives and History, Columbia.





















2 comments:

  1. Charlie, I have similar documents and I wonder about them. Why does the mother have to petition to be the guardian of her own children? Is this because women had so few rights at that time?

    ReplyDelete
  2. It's a carry over from English law. You might find thes interesting:
    https://www.gilderlehrman.org/history-by-era/womens-history/essays/legal-status-women-1776%E2%80%931830

    and

    http://www.library.hbs.edu/hc/wes/collections/women_law/

    and

    http://www.historyofwomen.org/custody.html

    ReplyDelete