Jonathan Falkner was born in 1780 in North Carolina.

He married Matilda VanBuren.

Their children were Sally Falkner, Elizabeth Falkner, Mary Falkner, Calvin Falkner, Alexander Falkner, Narcissa J Falkner, William M Falkner, Alfred Falkner, and John Falkner.

He died about October 1862 in Marshall County, Mississippi.

 

On October 11, 1811 Jonathan Falkner was assigned 100 acres on Little Richland Creek in Humphreys County, Tennessee. The land was originally issued to William Skinner for military service to North Carolina. The deed was recorded in Humphreys County, Tennessee Deed Book A, pages 196-197. A transcription is also available.

On August 22, 1815 Jonathan Falkner was assigned a Tennessee Land Grant for 24 acres on the Little Richland Creek in Humphreys County, Tennessee from Samuel D Jackson. A transcription and copy of Land Grant 7629 are available.

On September 18, 1824 Jonathan Falkner purchased 191 acres on the Little Richland Creek in Humphreys County, Tennessee from John Thompson for $400.00. It was recorded in Humphreys County, Tennessee Deed Book C, pages 410-411. A transcription is available.

On October 22, 1827 Jonathan Falkner purchased 51 acres on the Little Richland Creek in Humphreys County, Tennessee from William Mills for $200.00. It was recorded in Deed Book D, pages 241-243. A transcription is available.

On October 31, 1828 Jonathan Falkner purchased 96 1/2 acres on Little Richland Creek from WB Morrow for $140.00. It was recorded in Deed Book G, pages 101-102. A transcription is available.

On June 1, 1835 Jonathan Falkner was issued a Tennessee Land Grant for 142 acres on the Little Richland Creek in Humphreys County, Tennessee. A transcription and copy of Land Grant 13075 are available.

On January 10, 1840 Jonathan Falkner sold 51 acres on Little Richland Creek to Samuel Hemby for $200.00. It was recorded in Deed Book H, Pages 385-386. A transcription is available.

On January 29, 1841 Jonathan Falkner sold two tracts of land to Abel Jackson for $1400.00. One tract of land was 191 acres originally purchased from John Thompson. The other tract of land was 91 acres originally purchased from William B Morrows. The total transaction was recorded in Deed Book F, pages 600-601. A transcription is available.

An additional deed to Abel Jackson is recorded in Deed Book G, pages 497-499 and dated July 31, 1843. Certificates from Marshall County, Mississippi show that Jonathan Falkner (also referred to in these documents as Johnithan Falkner and Johnithan Fortner) had moved from Humphreys County, Tennessee to Marshall County, Mississippi. A transcription of the deed and certificates is available.

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The following is a transcription of the Last Will and Testament of Jonathan Falkner, with its codicils. A huge “Thank you” to Elizabeth Baker for painstakingly reading the old handwriting and to Chica181 for posting the following on Ancestry.com on April 28, 2014.

· Jonathan Falkner’s Will·

Page 1

I Jonathan Falkner of the county of Marshall State of Mississippi, being advanced of years but of sound & disposing mind & being desirous of making disposition of my property different in some reputes from that which the law would make, do make and ordain this my last Will & Testament hereby revoking any former will by me at any time made.

1st I give and devise to my daughter Sally Guinn in fee simple, the vast of land on which I resided in Humphreys county State of Tennessee, previous to my removal to the State of Mississippi, and on which she now resides, and all the land owned by me in the said County of Humphreys, and also the following slaves, to wit, Daniel Phebe & her four children, to wit, Sally Lydia Hettie & Tony and the increase of said slaves from this date.

2nd I give and devise to my grand-children, the children of William B Murry by my daughter Elizabeth deceased, the following named slaves, to wit, Nance & her three children, to wit, Margaret Hannah & Toby and their increase from this date, & also Two thousand five hundred dollars in cash.

3rd I give & devise to my son John Falkner all the money of mine he has taken & used & all that I have heretofor given him or is due me from him & also the following slaves, to wit, Red Jim and Polly & her increase from this date during his natural life, and at his death it is my decree that Red Jim descends to the said John Falkner’s son Lucius & that Polly & her increase to his daughter Narcissa.

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4th I give and devise to my daughter Mary Mills wife of Jonathan Mills now of Texas, to her sole and separate use during her life, & when she dies to the heirs of her body then living, the following named Negro slaves and their increase from this date, to wit, Milly & her two children Samyra & Ailsey and Black Jim & Two thousand five hundred dollars (#2500#) in money in addition to what I have heretofor given her.

5th I give and devise to my son Calvin Falkner the following named Negro slaves & their increase from this date, to wit, Bill  Ben  Will Jin Tenn & her two children (v3) Rouland & Madora Mary, Lee, & Sylvester and five hundred & fifty (#550) dollars which he has already received, and for which I now hold his note

6th I give and devise to my son Alexander Falkner the following named Negro slaves & their increase from this date, to wit, Bob  Caroline & Child (Harrison) Patsy Jane Willis Lizi & Isom and also all the money he has received from me for which I hold his notes & ____ except the last —note dated May 25th 1839 for (#500#) five hundred dollars which cash note & interest he is to pay.

7th I give and devise to my daughter Narcissa Warren wife of Azanah Warren in for simple subject to the provisions of the Statutes of Mississippi defining the rights of married women, the following inscribed note & personal estate, to wit, a part of the west half (w 1/2) Sec (13) Town 5 Range (5) west of Bases Meridian in Marshall County aforsum Colony one hundred & ninety seven acres (197) more or less a deed for which from Alf Falkner may be found in  deed book I Page 367 barring date March 10 ‘783-3 – also the following ¼ section (vig)

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North East quarter of Section Fourteen in Town Five  & Range Five West (NE ¼ sec14 T5 R5W) & also the following Negro slaves Sarah Dealtha Parham Phillip Clemantine & Joe.

8th I give & devise to my son William’s children the following negro slaves, to wit, Aaron Columbus Milly (transcriber’s note: it may say Willy instead of Milly) Jack & Lewis to be equally divided between my grand children the heirs of William Falkner now four in number and another expected to be born soon – in addition to an equal division in the above named slaves to William Falkner heirs I hereby give & devise to my grand-daughter Melissa daughter of my said son William a negro slave named Martha – I also relinquish unto the rest of my said son William now deceased all the money he has heretofor need from me & for which I hold or may hold his notes or not.

9th I give & devise to my son Alfred Falkner in addition to the property I have already given to him, the following property note & personal and then increase from this date, to wit, Mase & his wife Alanda, Marshall, George, Rufo, Lizzy & Yellow John – It is also my wish & decree that when my executors hence after named shall come to sell the West of Section Thirty Six (36) Township four (4) Range four (4) West of Bases Meridian that my said son Alfred Falkner be & he hereby is allowed to take the same at fair valuation on such time & whom as my said executor may agree, the said Alfred Faulkner now being owner by deed of gift from me of the East ½ of said section – I therefore trust that my executors before said land is sold shall have the same appraised  by their investors

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for-holders under oath & if my said son Alfred disclaim to take the same at appraised value then it shall be sold as herein after denoted.

10th I will & denote that all the cash of my property nal & personal which I may have at my death and which is not herein separately disposed of, shall be sold by my Executioner, and the same is hereby devised to them for that purpose in trust, upon a ended of twelve months, at either public is private sale as they may think best, and the proceeds of said sale after paying the pecuniary legacies herein before given shall be divided equally between all of my children and the decedents of those who are dead agreeably to the law of descendents & distribution except the part that descends to my son John is to be divided equally between his son Lucius & his daughter Narcissa & the part that would be sent to my son William is to be divided equally between the heirs of his body & the part that would have descended to my daughter Elizabeth Murry deeds to the heirs of her body.

It is my will & desire that in selling the West half of (Sec 36 T4 R4) Sec thirty six Town 4 Range 4 West that my Executors conform wholly to the provisions of Part 9th of this my last will referring to my son Alfred.

Lastly, I do hereby nominate and appoint my sons Calvin & Alfred Faulkner or the survivor of them my executors of this my last will & testament & hereby authorize & command them to pay as soon as possible after my death out of any monies

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that may be on hand or the first that may come into their hands all of my just debts Collect all monies due me & wind up & divide my entire estate as speedily as possible in conformity to this my last will & testament.

In witness hereof I have hereunto set my hand & seal this the 25th August (1859) eighteen hundred & fifty nine & on this the (5th) page of my last will & testament.

Jonathan Falkner            seal

His X mark

Signed sealed published and declared by the said Jonathan Falkner as & for his last will & testament in the presence of us who in his presence & in presence of each other and at his request have hereunto set our hands & into scribed our names as witnesses this the 25th day Aug 1859 —

Beny N Alexander

William Wooten

B. Sugg

 

I Jonathan Falkner being desirous of making some changes in my above and foregoing last will and testament signed sealed published and declared on the 25th day of August 1859 do make and ordain this Codicil to the same as follows –

The items 2nd I have given certain negros, therein named and Two Thousand five hundred dollars to the children of my deceased daughter Elizabeth Murray, by William B. Murray – I will and desire my executors, as soon after my death as convenient, to sell said slaves, therein mentioned and their increase if any, & which is hereby converged to them in trust for that purpose wither at public or private sale

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as they may think best for cash, and of the proceeds, together with the twenty five hundred dollars, pay to such as are of the age of twenty one years, an equal part of the same and the balance to put at interest, and upon the arriving an age of each, to pay to such, his or her share of the proceeds, with the interest, and in case of the death of any of said children, his or her children to have the deceased parents share, and should either of said children be without issue, the share of each deceased to be equally divided between the surviving brother and sister, and the children of such as may be dead, the children of such diseased brother or sister, to take the share of the parent.

I do hereby revoke item 4 wherein certain property is given to my daughter Mary Mills – I have by deed of Gift of date 27 April 1860, even date herewith, convoyed the negros in said items mentioned and two thousand dollars mentioned in cash, which together with the money I have given her prior to said date, concluded her neither portions of my estate which I intended for her. It is my will and desire therefore, that my said daughter Mary Mills do not receive anything from my estate in addition to what she has already received.

I have advanced to the Administrator of my deceased son William, for the benefit of his estate the sum of seven hundred and seventy dollars – I desire that said sum be charged by my said executors to the said children of my said son upon the final settlement of my estate and that they be required to refund the sum, but without interest.

In item 9, I have authorized and directed my executor to have the west half of section thirty six town four range four west, valued and allow my son Alfred to take the sum at said valuation, I do hereby change said clauses or items of my said will in this.  My said son Alfred has been charged for many years with transactions of my business, which he has preformed

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cheerfully and faithfully and will be expected to continue his attention to my business, I therefore give and desire to my said son Alfred said half section of land, Vig. W ½ Sec.36.T.4.R.4.w. in addition to what I have heretofore given him in my said last will.

In item 10, I change in this my daughter Mary Mills having been provided for as stated above, neither she nor her children are to have any part of the proceeds of the sale of my property by my Executor – And the portions that is therein directed to be divided between my son John’s two children Narcissa and Lucius.  I will and desire that the same shall be divided between my said son John’s five children Viz. Tazwell, Guy, Moscow, Narcissa and Lucius in equal parts among them or to the survivors of such as are dead leaving no issue.

In testimony whereof I Jonathan Falkner, have hereunto set my hand and affixed my seal to the Codicil of my last will and testament on this the 27th day of April 1860

Jonathan Falkner            seal

His X mark

Signed sealed published and declared by the Testator Jonathan Falkner, as Codicil to his last will and testament in the presence of us who in his presence, and the presence of authorities and at his request have hereunto set and hand and subscribed our names as witness thereto, on the 27th of April 1860

Wm Strickland

B Sugg

William Wooten

 

I Jonathan Falkner being desirous of making some changes in this my last will & testament made signed published & declared 25th day August 1859 & in a Codicil added then to on 27th day April 1860 do make & ordain this second Codicil hereto as follows

Page 8

In Art 1st I make this change – The Boy Daniel therein deeded to my daughter Sally Guim I now will and devise to my grandson Tazwell Falkner son of my son John Falkner –

Art 8 I alter thus – the Boy Jack willed equally to the children of William Falkner my son, I now will & devise to my grandson Guy L Falkner son of John Falkner

The last clause of my will in referrer to the appointment of my Executors I now alter as follows my son Alfred who was appointed one of my executors having died I hereby nominate & appoint my friend Dr. J. L. Mabrey of Chulahoma in the place of my said son Alfred Falkner (died) to act in consent with my son Calvin Falkner & in case of the death of either of them I hereby fully implore the supervisor to carry out this my last will

Item 9 I change as follows My son Alfred Falkner having lately died, the following Negros Viz. Mose, Alanda & Marshall devised to him, I now will & devise to my son Calvin Falkner – also the two Negros Vig. George & Lizzy therein devised to my said son Alfred Falkner, I now will & device to my daughter Narcissa Warren.

I do hereby revoke the item in the Codicil to my will wherein the west half of section 36 town four (4) range (4) west is given to my son Alfred Falkner. I now will and direct, that said half section of land Vig. W ½ Sec 36 T 4 R 4 W shall be sold by my Executor and the same is hereby devised to them in trust to that purpose, on a credit of twelve months, sale to take place when my other property real and personal is sold by them as directed in the 10th item of my will the proceeds of sale of said half section of land

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are to be equally divided between all my children and the descendants of those who are dead, agreeably to the law of decent and distribution except my daughter Mary Mills. Neither she nor her children are to have any part of the proceeds of sale of said half section of land.  She having already received all from my estate that I had intended for her.

In testimony whereof, I Jonathan Falkner have hereunto set my hand and affixed my seal to this second Codicil of my last will and testament on this the 31st day of October 1862

Jonathan Falkner            seal

His X mark

Signed sealed published and declared by the testator Jonathan Falkner as second Codicil to his last will and testament in the presence of us, who in his presence, and in the presence of each other, and at his request have hereunto set our hands and subscribed our names as witnesses thereto, on this the 31st day of October 1862.

Note from transcriptionist, Elizabeth Baker: I’ve tried to transcribe this to the best of my ability.  I may have mistyped some of the words or names incorrectly.  It is a very old document and difficult to read in places. Also there are no commas between names, leaving you to guess if the person had a double name or if it were two people. I do apologize for any errors and hope that this may be of some help to you. I was unable to get the last signatures at the bottom of the will.  The original document is at the Holly Springs Courthouse, Marshall County, MS.  Transcribed 21 April 2014 by Elizabeth Baker