First, thank you Harriet for the detailed and clear explanation of a variety of terms which appear in land plat and memorial records. One reason for the question was that on 10.10.1770 there was a Memorial entered by Samuel Duncan’s wife, Sarah. There also was an earlier land grant entry on 9.19.1770 for the same 350 acres on Bush Creek. Since Samuel died c.1770 I wondered if the term "memorial" had anything to do with his estate. And now from your explanation I realized that "memorial" in this case has nothing to do with a deceased land owner’s property. Yet, the description of Sarah's land plat and the subsequent memorial document was similar to the earlier land plat record of her husband Samuel Duncan in 2.17.1767. Do you think it was possible that that Sarah's documents record land transferred to her after her husband's death? I have an inventory of Samuel Duncan's estate and chattels but it does not include any land. Samuel died in 1770, when Sarah Duncan applied on Nov. 5 to administer his estate on Bush River, Craven Co., as his nearest of kin (Charleston Co. SC Court of Ordinary 1764-71; Inv. Book Z-137, filed in 1771 in Charleston Co. SC.). I have not reviewed this record. Martha, this Samuel Duncan c. 1722-1770 arrived in Bush River sometime before 1763 possibly coming from Fairfax co., Virginia where he may have appeared in a land purchase in 1748. Later Samuel and Sarah Duncan appeared in the land sale in 1766. He was born near Dundee, Scotland. I have only seen Samuel's wife’s first name listed as Sarah. Their known children are: Sarah Duncan 1743-1835 m. James Hall; Amos Duncan c. 1749 m. Elizabeth Pemberton; John Duncan c. 1750; Richard Duncan c. 1751; and Samuel Duncan/Dunkin 1751-1832 m. Mary Embree. We are descended through Sarah Duncan and James Hall. Earlier I had an earlier exchange with Tim Duncan, who you may know from this list. He has more Duncan info. He is researching the Duncans of Newberry country, South Carolina focusing on the Quaker Duncans, Nelson Duncan and Samuel Duncan. I would appreciate any insights and suggestions for this family. Hope this is helpful. Wendy McGuire

The death of Samuel Duncan in 1769-70 was related to the fact that Sarah Duncan filed a Memorial, but in a roundabout way: married women did not possess property under their own names, but widows could. I have no idea how Samuel Duncan came up with enough headrights to claim 750 acres of land (i.e., head of household with 13 dependents), but that's how much land was granted, in two separate tracts. The SC petitions for land were published by Brent H. Holcomb in 7 volumes. The Samuel Duncan petitions are included in Volume VI: 1766-70. 1. Meeting of Tuesday 3 February 1767: The following Petitions for Warrants of Survey Samuel Duncan 350 [acres] Waters of Saludy The land was surveyed on 17 Feb 1767 on Bush Creek (sic) adjacent to David Hammer and William Austell [sic: Austin, who had petitioned for land on the same day with Duncan]. This plat lapsed, with no grant awarded...at least, not to Samuel Duncan. 2. Meeting of Tuesday 7 September 1769: To Certifie Platts Samuel Dunkin 400 [acres] In Craven County [Surveyd for] Jno Hammers John Hammer had 400 acres surveyed on Bush River on 28 Aug 1765, but did not have the plat certified and granted. Samuel Duncan presented a petition to have this plat certified in his own name. Even though it was officially illegal to buy and sell warrants or plats, this practice was common in the backcountry. Duncan may have paid Hammer the money spent on the surveyor's fee. Since Hammer did not get the grant, he still had his 400 acres of headright to use for claiming land in another location. Duncan had to use his headrights (for himself and 6 dependents) in order to get the land awarded to himself, rather than to Hammer. This land was adjacent to William and Mathias Elmore and to William Hilbourne. It was certified to Samuel Dunkin on 7 Sep 1769, the date of his petition, and granted on 27 Sep 1769. Samuel Dunkin filed his Memorial on this tract on 13 Nov 1769. 3. Meeting of Wednesday 5 September 1770: To Certify Platts Sarah Duncan 350 [Berkley County] surveyed for Samuel Duncan Sarah was eligible to own land under her own name because she had become a widow at some point between 13 Nov 1769 (when Samuel filed a Memorial on the 400-acre grant) and 5 Sep 1770 (when she filed her petition for certification of the 350-acre plat). The land was granted to her on 19 Sep 1770, and she filed a Memorial on it on 10 Oct 1770. I'm not certain how the headright issue was handled in this case. The late Samuel Duncan had already used his headrights for the other grant. But widow Sarah was legally a separate head-of-household. Had she remarried, the same children could be claimed as dependents by a new husband. Perhaps this applied also to a widowed head-of-household who had not previously claimed land under her own name. When Samuel Duncan died intestate, his property automatically descended to his oldest surviving son, Amos. The inheritance laws of SC were changed in 1791, so that primogeniture was abolished. After that date, the widow inherited 1/3 and the remainder was divided equally among the sons and daughters. Sarah sold part of her grant in 1779, and the remainder descended to her son Amos. Since he was the sole son-and-heir, this means that Sarah died intestate before the law changed in May 1791. Disposition of the grants: Newberry Co SC Deed Book C, 306-309: Lease and release. 22 & 23 Jan 1779, Sarah Duncan of Ninety-Six District, SC, to her son Samuel Duncan, of same, planter, for £10 SC money, 150 acres on a small branch of Bush Creek now commonly called Bush River, part of 350 acres granted to said Sarah Duncan 19 Sept 1770. Sarah Duncan (mark) (Seal). Wit: Enos Elleman, John Duncan, James Hall (H). Proved in Newberry County by the oath of James Hall 9 March 1795 before Prov. Williams, J.P. Recorded 9 June 1795. Newberry Deed Book C, 709-713: South Carolina, Ninety Six District. 28 Aug 1777, Amos Duncan and Elizabeth his wife, planter, of Ninety Six District, for £187 s10 SC money, to Abner Ellermon of same, planter, 250 acres on waters of Bush River, part of 400 acres granted to Samuel Duncan 14 Sept 1769. Amos Dunkin (Seal), Elisabeth Dunkin (Seal). Wit: Enos Elleman, Stephen Elmore, John Elleman. Proved by the affirmation of John Elleman 20 Feb 1796 before Elisha Ford, J.P. Recorded 10 May 1796. Newberry Deed Book G, 23-26: Lease and release. ____ 1779, Sarah Duncan of Ninety Six District, planter, for £300, to James Commack, tract of 100 acres, part of tract containing 350 acres granted to said Sarah Duncan 19 Dec 1770 in the fork of Broad and Saluda Rivers on a small branch of Bush Creek adj. William Austin, said Sarah Duncan. Sarah Duncan (mark). Wit: Samuel Duncan, James Hall, George Pemberton. Proved by the oath of George Pemberton 15 Aug 1804 before Fed nance [Frederick Nance]. Newberry Deed Book G, 281-282: Amos Dunken of Newberry District for £50 sterling to Isaac Hollingsworth of same, 112 acres, part of two larger tracts and whereof being a tract of 200 acres granted to Richard Dunkin and conveyed by John Dunkin his son and heir to said Richard Dunkin, to said Amos Dunkin by deed, and part of 350 acres granted to Sarah Dunkin 19 Sept 1770 and said Amos Dunkin was son and heir to the above mentioned Sarah Dunkin, land on waters of Bush RIver, 4 July 1803. Amos Dunkin (Seal), Wit: John Dunkin, John Williams (X), Joseph Turner. Elizabeth Dunkin (mark), wife of Amos Dunkin, relinquished dower 22 May 1805 before Benjamin Long, J.U.Q. Proved by the oath of Joseph Turner 23 May 1805 before Benjamin Long, J.U.Q. Recorded May 1805. Harriet Imrey On 1/21/2012 10:38 AM, Wendy Neuman McGuire wrote: > First, thank you Harriet for the detailed and clear explanation of a > variety of terms which appear in land plat and memorial records. One reason > for the question was that on 10.10.1770 there was a Memorial entered by > Samuel Duncan’s wife, Sarah. There also was an earlier land grant entry on > 9.19.1770 for the same 350 acres on Bush Creek. Since Samuel died c.1770 I > wondered if the term "memorial" had anything to do with his estate. And now > from your explanation I realized that "memorial" in this case has nothing > to do with a deceased land owner’s property. > > > Yet, the description of Sarah's land plat and the subsequent memorial > document was similar to the earlier land plat record of her husband Samuel > Duncan in 2.17.1767. Do you think it was possible that that Sarah's documents > record land transferred to her after her husband's death? I have an > inventory of Samuel Duncan's estate and chattels but it does not include > any land. Samuel died in 1770, when Sarah Duncan applied on Nov. 5 to > administer his estate on Bush River, Craven Co., as his nearest of kin > (Charleston Co. SC Court of Ordinary 1764-71; Inv. Book Z-137, filed in > 1771 in Charleston Co. SC.). I have not reviewed this record. > > > > > > Martha, this Samuel Duncan c. 1722-1770 arrived in Bush River sometime > before 1763 possibly coming from Fairfax co., Virginia where he may have > appeared in a land purchase in 1748. Later Samuel and Sarah Duncan appeared > in the land sale in 1766. He was born near Dundee, Scotland. I have only > seen Samuel's wife’s first name listed as Sarah. Their known children are: > Sarah Duncan 1743-1835 m. James Hall; Amos Duncan c. 1749 m. Elizabeth > Pemberton; John Duncan c. 1750; Richard Duncan c. 1751; and Samuel > Duncan/Dunkin 1751-1832 m. Mary Embree. We are descended through Sarah > Duncan and James Hall. > > > > Earlier I had an earlier exchange with Tim Duncan, who you may know from > this list. He has more Duncan info. He is researching the Duncans of > Newberry country, South Carolina focusing on the Quaker Duncans, Nelson > Duncan and Samuel Duncan. I would appreciate any insights and suggestions > for this family. Hope this is helpful. > > > > Wendy McGuire > > ------------------------------- > To unsubscribe from the list, please send an email to SC-BUSHRIVERQUAKERS-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message