Dr. Stephen Duncan was one of the largest cotton
planters in the United States during antebellum times. His vast holdings
included plantations in Adams and Issaquena counties in Mississippi and
St. Mary and Tensas parishes in Louisiana, with the bulk of his planting
properties in Issaquena County. It was in Issaquena County that his son
and daughter-in-law (Henry P. and Mary Sargent Duncan) lived. For a biography
of the Duncan family, see the Duncan family biography on this site. Below
is an abstract of Dr. Stephen Duncan's will, as found in the Issaquena
County courthouse:
Last Will and Testament of Stephen Duncan of the city, county and state
of New York
I Stephen Duncan, late of Natchez in the State of Mississippi now are
inhabitant of and resident in the city, county and state of New York. Physically
being in good bodily health and of sound mind and memory and being mindful
of the uncertainty of human life do hereby publish, ordain and declare
this my last will and testament in manner following, that is to say – I
direct my executor hereinafter named to pay and discharged all just
debts if any which I shall have at the time of my decease and all
every funeral and testamentary charges and expenses as soon after my decease
as the same can conveniently and properly be done.
I hereby give, devise, ratify and confirm to my beloved wife Catharine
A. Duncan a lot of land known as Number Twelve (12) Washington Square in
the aforesaid city of New York as the said premises were heretofore conveyed
to my said wife together with the late paintings and furniture of every
kind both useful and ornamental now in and contained therein at the time
of my death, to have and to hold the same to her and to her heirs, executors,
administrators and assigns according to the future and quality of the estate
forever. I also give and bequeath to my said wife a certain decree in the
Chancery Court in the State of Mississippi and all monies due and become
or be due or payable thereupon for sundry notes given by one A.L. Bingamon
to the administrator of the estate of the late Charlotte Bingamon amounting
to, as I presume to upwards of twenty thousand dollars.
The provisions above made for my said wife exceed the amount of her
separately estate and that all she ever received from her father or mother
or any other source and whereas I did herein ___ by my certain trust deed
or instrument in writing bearing date the 7th day of June in the
year 1864 transfer and set to Charles P. Leverich and Henry S. Leverich
as trustees &co certain property and effects in trust to pay over four
thousand dollars of the annual income thereof yearly and every year during
my life to my said wife Catharine A. Duncan and the residue whereof after
deducting their charges and commissions to and for my use and benefits
during my said life and after my decease in case my said wife survives
me to pay … from said trust estate during the life of my said wife to be
divided among deed between my five children, Henry P. Duncan, Samuel
Duncan, Stephen Duncan, Jr., Charlotte B. Davis and Maria L. Pringle and
the survivors of them and the issue such of them as shall die leaving lawful
issue surviving, equally share and share alike per Stirpes and not per
capita the issue of any deceased child to be taken among them if more than
one, the share or portion, their parent would have taken if alive.
And upon this further trust after the death of my said wife, to distribute
and divide the said trusts, property and estate and all income thereof
remaining in the hands of my said trustees to and among my said children
in manner aforesaid the directions and provisions of which said trust deed
were modified by an instrument in writing amendatory thereof dated October
the 5th in the year 1865 and annexed to and now forming a portion of said
trust instrument whereby the provisions of said trust deed in form of my
said wife were increased by giving to her the residue of her life.
After my death a clear annuity of fifteen thousand dollars in place
of the annuity of twelve thousand dollars above provided for and which
said trust deed was further modified by an instrument in writing bearing
date September 20th 1866 attached to and forming part of said deed
of trust whereby in consideration of my having given and transferred to
my said wife two hundred and fifty (250) shares of the stock of the New
York Central Railroad valued at thirty thousand dollars ($30,000) and two
hundred and fifty shares (250) of preferred stock of the Erie Railroad
Company valued at twenty five thousand dollars ($25,000) for her own use
and behoof forever the provisions in said trust deed contain for the payment
of my said wife of an annuity of four thousand dollars ($4,000) during
my life is abrogated and annulled and the entire net income of said trust
fund is to be paid over to me during the term of my natural life. Now therfore
I do hereby ratify and confirm the provision in said trust deed contained
as the same or modified by the two instruments of writing amendatory thereof
above mentioned and referred to and I hereby authorize and direct the said
trustees Charles P. Leverich and Henry L. Leverich and the survivors of
them after my death to retain and hold the property and effects to set
apart, transferred and set over to them during the life of my said wife
according to the trusts therein declared and contained and cut off the
dividends and income of the said property and effects to pay over to my
said wife during her natural life a clear annuity over and above all legacy,
taxes and commissions of fifteen thousand dollars ($15,000) and yearly
and every year to distribute and divide the residue of such dividends and
income (after deducting their charges and commissions) to and among my
said children above…….
I direct my executors hereinafter named to set apart and invest a sufficient
sum out of my estate drawing interest…..to raise the clear annual sum of
three hundred dollars ($300) and to pay over one hundred and fifty dollars
of such income in two semi-annual payments of seventy five dollars each
to my old and faithful servant Frank Smith and the balance of such income
of one hundred and fifty dollars to my devoted and faithful servant Susan
Collins in the semi-annual payments of seventy five dollars each and it
is my wish and desire that the said Susan Collins share out of the said
income or annuity of one hundred and fifty dollars, pay to her aged grandmother
Kerby Collins the sum of fifty dollars per year during her life such annuity
to be paid to the said Frank Smith and Susan Collins during their respective
lives
I hereby give, release and discharge to the widow of John Posthlewait,
deceased, whatever sum or amount she may owe or be indebted to me at the
time of my decease. I hereby give, release and discharge to the children
of William Posthlewait all and every sum and amount in which their father,
the said William Posthlewait may be indebted to me by bond note or judgement
at the time of my decease.
Whereas I have heretofore made and executed various deeds of gift and
conveyances of lands and real estate lying in the Southern States or some
of them to my children above named respectively some of which deeds I have
in my possession. Now therefore it is my will and desire in case my such
deeds heretofore executed by me be found in my possession or custody at
the time of my decease that they be delivered by my executors to the grantees
therein named respectively.
All the rest, residue, and remainder of my property, estate, real personal
and mixed of every nature and kind whatsoever and wheresoever situated
which I shall have be entitled to at the time of my decease, I give…..and
bequeath to my five children above named……
I hereby ratify and confirm the provisions of a certain trust deed given
by me to said Charles P. Leverich and Henry S. Leverich whereby I transferred
and set over to them certain property and effects for the benefit of my
two grand daughters Margaret and Sarah children of my deceased daughter
Sarah Irvine and I hereby devise, give and bequeath the said property and
effects therein described and transferred to the said Charles P. and Henry
S. Leverich ….and whereas owing to great changes in the values of property
in different portions of the United States, the property and effects so
set apart and transferred to said Charles P. and Henry S. Leverich in trust
for my said grand daughters will probably exceed in value and amount the
share which either of my children will receive from me, I have therefore
made no further provisions therein in favor of my grand children…..
I hereby appoint sons Henry P. Duncan, Samuel P. Duncan and Stephen
Duncan Jr. and my sons in law Samuel L. Davis and Julius J. Pringle executors
of this my last will and testament……I hereby give to my said executors
free power and authority to contract, bargain for, and sell any lands and
tenemants owned by me at the time of my decease at public or private sale
at such times and upon such times and conditions as to my said executors
shall deem proper…..
In witness hereof I have hereunto set my hand and seal this 28th day
of September in the year of our Lord One Thousand Eight Hundred and Sixty
Six.
Stephen Duncan LC
The foregoing instrument consisting of 6 half sheets of paper having
just been read in our presence was now here at the date thereof, signed,
sealed, published and declared by said Stephen Duncan as and for his last
will and testament in presence of us….
J.H. Stentenburgh, Hyde Park, NY
Thomas Kincaid, 33 East 12th St, NY
Charles M. Mill, Mt Vernon, Westchester County, NY
Lucius Bell, 39 W. Washington Square, NY
Mercer Merrell, 141 McDougal St. NY City
L.F. Butler, New Jersey Ave. East, NY
George M. Miller, 248 Madison Ave. NY
State of Mississippi
Adams County
I, John F. Jenkins, clerk of the Chancery Court in and for said county
and state and being by virtue of said office, custodian of the records
of wills thereof, do hereby certify that the within and foregoing several
pages, contain a whole, true and correct copy of the last will and testament
of Stephen Duncan, deceased…….
|