Finding Faulkner: Examining The Will Packet, Part 3

It started, as good quests always do, with a family tale.

THE LAST WILL AND TESTAMENT OF WILLIAM FAULKENDER
The Will Letter

William Faulkn<d>er & others to the State}
Bond of Adm with will of William Faulkender Annexed

William Faulkender's will~
# letter dated Feb.r 9th 1785
Regis'd


Know all men by these presents that we, William Faulkender, James Faulkender, and Samuel Faulkender - all of the county of Ulster, Farmers -----. - - - - - - -
are held and firmly bound unto the People of the State of New York in the sum of One Thousand Pounds, current money of the state of New York, to be paid to the ---- said people; to which payment will and truly to be made. We do bind ourselves and each of us, our and each of our Heirs, Executors and administrators jointly and severally, firmly by these presents. Sealed with our seals dated the Twenty Third Day of December in the ninth year of the Freedom and Independence of the said State, and in the year of our Lord, One Thousand Seven Hundred and Eighty Four -
The condition of this obligation is such. That if the above bounden, William Faulkender - - - - - - Administrator of all and singular the Goods, Chattels and Credits of William Faulkender - late of the Precinct of Wall Kill, in the County of Ulster, Farmer - deceased, with his will annexed, do make or cause to be made a true and perfect inventory of all and singular the Goods, Chattels and Credits of the said Deceased which have or shall come to the Hands, possession or Knowledge of the said William Faulkender -
- - - - - - - or into the Hands or possession of any other - person or persons for him and the same so made do exhibit or cause to be exhibited into the Registry of the Court of Probate of this State at or before the Twenty Third Day of June next ensuing and the same Goods, Chattels and Credits, and all other the Goods - Chattels and Credits of the said Deceased, at the time of death which at any time after shall come into the hands or possession of the said William Faulkender - - - - - - - or into the Hands or possession of any other person or persons for him, do well and truly administer according to Law, and further do make or cause to be made a True and Just Account of Administration at or before the Twenty Third Day of December next - following, and all the Rent and Residue of the said Goods, Chattels and Credits which shall be found remaining upon said administrators -
administrators account.The same being first examined and allowed of by the Judge or Judges for the time being of the said Court. Shall deliver and pay unto such person or persons respectively, as the said Judge or Judges by his or their decree or sentence, pursuant to the true intent and meaning of the said Last Will and Testament of the said William Faulkner deceased, shall limit and appoint. Then this obligation, to be void and of none effect or due to remain in full forward virtue.

Sealed and Delivered}                                                       Wm. Faulkner
In the presence of}                                            

Ebeneazer Clark                                                                James Faulknor
Joseph Gutherie
                                                                                         Samuel Fauelner                                                  


The takeaway:

• The three brothers agreed to pay a probate bond of 1000 British Pounds
• Roughly calculated that equates to around $100,000. USD in today's money. (correct me if I'm wrong)
• The Faulkner's had not only land, but wealth as well.
• Further research would include newspaper legal notices and land sales/purchases.
• A trip to Goshen, NY may turn up further documents.

Anything else I'm missing?

END

Finding Faulkner: Examining The Will Packet, Part 2

It started, as good quests always do, with a family tale.

THE LAST WILL AND TESTAMENT OF WILLIAM FAULKENDER
The Surrogate's Letter

Ulster County}

Be it remembered that on the Twenty Third Day of December One Thousand Seven Hundred and Eighty Four, personally came and appeared before me Joseph Gutherie, Surrogate of the said County, Ebenezar Clark of the Precinct of the Wall Kill in said County, Farmer. And being duly sworn on his oath declared the he did see William Faulkender sign and seal the written instrument here unto annexed purporting to be the will of said William Faulkender bearing date the Eleventh Day of September in the year of our Lord One Thousand Seven Hundred and Eighty Three. And heard him publish and declare the same as and for his last will and testament that at the time thereof he the said - William Faulkender was of sound disposing mind and memory to the best of the knowledge and belief of him the deponent. And that his name subscribed to the said will in his proper handwriting which he subscribed as witness to the said will in the testators presence. And that he the deponent saw James Caldwell and John Dill the other witnesses to the said will subscribe their names as witnesses thereto in the testators presence.

Joseph Gutherie, Surrogate

Ulster County}

Pursuant to the trust reposed in me I have admitted William Faulkender, of the Precinct of Wall Kill in said County, Farmer, a son of William Faulkender, late of the Precinct of Wall Kill aforesaid, Farmer deceased, Administrator of the said William Faulkender deceased, with his will annexed, the said William Faulkender having been duly sworn and given bond before me this day. - - - Given under my hand the Twenty Third Day of December in the year of our Lord One Thousand Seven Hundred and Eighty Four.

Joseph Gutherie, Surrogate

The takeaway:

• William Faulkner died sometime between September 11th 1783 and December 23rd 1784. 
• William Faulkner, Jr was appointed administrator.
• Ebenezar Clark was the only witness to appear before the Surrogate.

Anything else I'm missing?

NEXT: the Will Letter

Finding Faulkner: Examining The Will Packet, Part 1

It started, as good quests always do, with a family tale.

THE LAST WILL AND TESTAMENT OF WILLIAM FAULKENDER

In the name of God amen. I William Faulkender of the Precinct of Wallkill, County of Ulster and State of New York, being weak in body but of sound disposing mind and memory (blessed be God) do this Eleventh day of September in the Year of our Lord one thousand seven hundred and eighty three Make and Publish this my last will and Testament in manner and form following (that is to say) Imprimis I commend my soul into the hands of Almighty God who gave it me and my body to the Earth from whence it came in the hopes of a joyfull resurrection threw the merrits of my saviour Jesus Christ, and as for that worldly estate wherewith it has pleased God to bless me I dispose there of as follows ~ First I give and bequith unto my loving wife Mary Faulkender the use of the two back rooms in my House I now live in with a bed and furniture and also her maintenance, together with the use of a horse and saddle for and during the term of her natural life. Item, I give and devise unto my son James Faulkender the Farm he now lives upon and to his heirs and assigns forever Providing he pay all such Debts and Incumberances as doth arise from said place whither from Purchase or otherways. And Providing he shall convey to his Youngest son when he shall arrive to the age of Twenty one Years that Part of said farm formerly occupied by my son Joseph while alive ~ And provided further that he shall give the proffits and benefits arising from said last mentioned farm to such of my children as may then be possessed of the Place or farm I now live upon for and during the term of six years after my decease and no longer. Item, I give and devise unto my son William Faulkender Jnr the farm adjoining the wallkill which I now live upon and to his heirs and assigns forever.  Item, I give and devise to my said son William one fifty acre lott on the Long Hill and two hundred acres of my undivided part of that lott of one thousand acres lying in or about the Pine Swamp and to his heirs and assigns for ever. Also I bequeath unto my said son William all my Personal Estate Providing he pay all such Debts and Incumberances as may arise or be due from the said last mentioned divised land. Item, I devise and give unto my son Samuel Faulkender the farm he now lives upon together with one fifty acre lott on the Long Hill and also two hundred acres of my undivided part of that lott of one thousand acres in or about the Pine Swamp aforsaid and to his heirs and assigners forever. Provided he pay all such Debts and Incumberances as may arise or be due out of said last mentioned divised land by Purchase or otherways.

  Lastly I do hereby invoke and declare to be utterly null and void all former wills and testaments that may have been made by me declaring this alone to be my last will and testament. In witness whereof I have set my hand and seal as being my said last will consisting of  one sheet and do publish and declare it as the same this Day and Year first above written - -- .                        his

William  X   Faulkender

mark and seal   

Signed Sealed Published and 

declared by the said William 

Faulkender as and for his 

last Will and Testament in the 

Presence of us whos names are 

here under Written.

James Caldwall

John Dill

Ebenezar Clark

The takeaway:

• Mary's maiden name is not given, proving the notation on Find A Grave incorrect.
• William had at least four adult sons, three still living at time of writing. 
• Other children were referred to as possibly living in the family home, which leaves open the possibility of further research.
• Mary remained in the marital home, which was given to son William Jr, a possible research lead.
• William was illiterate, ending all speculation that the spelling of the surname in this document is a true and accurate representation of the actual spelling.
• There's a bunch of acreage unaccounted for in the Pine Swamp.
• How big was the lot on the Long Hill?

Anything else I'm missing?

Next: the Surrogate's Letter

The Faulkners Of Ulster|Orange Co NY: A Proof Argument

William Faulkner, it is said, came to the Colony of New York from Scotland as a young man. This is family lore, and as yet is unproved.

William Faulkner was in New York as early as 1738. He was listed among the men serving under Captain John Byard in the company of militia of the "Wall a Kill" in Ulster County.(1)

It is reported by several historians that he resided at Stony Ford. In the book The History of Orange Co (2) it is said that "the Faulkner family made an early settlement" of the area.  From The Bull/Wells Family genealogy(3) it is reported that William served as Captain in the Ulster Co militia during the French and Indian war. His name appears in a 1763 muster roll as such.(4)  In an area rich with early pioneer stories, it is quite difficult to uncover much more on William, or other Faulkners of that time.

There has been much confusion as to the identity of William. Most of it stems from the numerous spelling variations of his surname found in the area surrounding Wallkill. Variations include Faulkener, Faulkender, Falkener, Falkner and Faulkner. His will has proved the biggest stumbling block. Spelled Faulkender, this will has been attached to many the incorrect family, in a variety of states surrounding New York.

After examining the records I have found to date, I feel I am able to make a convincing argument tying William Faulkner to his sons, William*, James and Samuel; and further establish lineage from Samuel to his sons Robert, John and James. (*William the son is a recognized DAR patriot, for the sake of clarity I will refer to him as Col. William when necessary,  from here forward) 

This direct evidence has come to light since the Record of Wills Recorded At Albany, New York, 1629 - 1802(5) has been digitized. We can now read the entire probate papers packet that establishes this tie.

William Faulkner died sometime between the writing of his will, dated 11 Sept 1783, Ulster County New York, and 23 Dec 1784, Ulster County New York, when it was entered into probate. William's will reveals that he was a landowner, and owned over 1000 acres of land plus several farms in Wallkill, Ulster Co, New York.

While the family surname is spelled Faulkender throughout the will, it is discovered that William was illiterate, merely 'making his mark' to sign his will. In examining the probate papers and bond of administration letter that follow the will it is further discovered that the three sons did actually sign their names, and in fact spelled their surname either Faulkner or Faulknor.(5)

Final page of William Faulkender's will papers showing William's surname spelled Faulkner along with the original signatures of his three sons, William, James and Samuel, inheritors named in the will.

(My own thought on this is that if William was a Scottish immigrant he may have spoken with a heavy accent. He may have been saying Faulkner (or Falconer), but it sounded like Faulkender! Consistent spelling remember, is a fairly new phenomenon)

To son William, he gives "the farm adjoining the Wallkill which I now live upon (...), one fifty acre lott on the long hill and two hundred acres of my undivided part of the lott of one thousand acres lying in or about the pine swamp". To son James, he gives "the farm he now lives upon (...) and providing that he shall convey to his youngest son when he shall arrive to the age of twenty one years that part of said farm formerly occupied by my son Joseph, while alive". To son Samuel, his gives "the farm he now lives upon, together with one fifty acre lott on the long hill and also two hundred acres of my undivided part of that lott of one thousand acres in or about the pine swamp".(5)

By this will we know that in 1784 there were at least three Faulkner males living in Wallkill.

In the 1790 census of Wallkill, Ulster Co, New York there are 3 Faulkner heads of household. The name is spelled Falkener in this record(6)  Samuel, William and James' oldest son, also named William.

There is only one Samuel listed in the town of Wallkill in the census years 1790 through 1810.(6)(7)(8)

In 1807 Samuel deeds some of his land and farm to his son, David, and names his other sons, James, John and Robert, in the transaction. "(...)being a part of that farm or lot of land upon which the said Samuel Faulkner now lives which is bounded as follows (to wit) Northerly by a lot of land sold by the said Samuel Faulkner to his son John Faulkner, Westerly by lands sold by the said Samuel Faulkner to his son Robert Faulkner, southerly by lands of Col. William Faulkner, easterly by the patent line of said tract of one thousand acres containing one hundred and thirty acres (...)" "if the said David Faulkner should die without lawful issue of his body begotten then the remainder over to Robert Faulkner, James Faulkner and John Faulkner, sons of the said Samuel Faulkner (...)"(9) 

By this we learn that some of Samuel's land was adjacent to Col. William's land. This evidence strongly suggests that this is the same Samuel and William as recorded in the will of William Faulkender, above.(5)

Col. William Faulkner died in 1831 and in his will leaves land to his son William J. and his daughters Susan McBride, Jane and Martha Faulkner. "First, I give and bequeath unto my son William J the farm on which I live situated in the said town of Wallkill and containing about two hundred acres. Also a fifty acre lot situated in said town of Wallkill on the Long Hill (...) to my daughters Susan McBride, Jane Faulkner and Martha Faulkner (...) I give and bequeath a lot in the pine swamp in the said town of Wallkill containing about forty acres of land"(10)

The description of the land owned by Col. Faulkner is similar enough to the description of the land given to William the son of William Faulkender as to draw a reasonable conclusion that Col. Faulkner is the son. Further, William Faulkner is a proved DAR patriot, ancestor # A039331 and his descendant listings associated with him are the very surnames listed in his will(10)

• Looking at the 1800 census, again there are 3 Falkener (note spelling) heads of household.(7) Samuel, Agnes who is William's widow and John who is Agnes' son.

• 1810 shows 5 Faulkner heads of household.(8) Samuel, Robert who is Samuel's son, Col. William, John and Mathew who are sons of James

• 1820 4 Faulkner heads (11) Col. William, James and John M who are Samuel's sons, and Mathew.

• 1830 2 Faulkner (12) Col. William and William J., his son.

In 1839 There is a land sale recorded in Orange Co New York between David, James, John and Robert Faulkner and David Woodruff "This indenture made the fifth day of October in the year of our Lord one thousand eight hundred and thirty nine, between David Faulkner, James Faulkner and Martha Faulkner, wife of the said James, all of the town of Grass Lake, county of Jackson and state of Michigan, and Robert Faulkner and Sally, his wife, of of the town of Ontario, county of Wayne, and state of New York, and John M Faulkner and Catherine, his wife, of the town of Benton, county of Tioga, and state of New York, all parties of the first part and David Woodruff of the town of Wallkill, county of Orange, state of New York, party of the second part (...) for consideration of five thousand dollars lawful money (...) northerly by a lot of land formerly owned by John M Faulkner westerly by a lot of land formerly owned by Robert Faulkner southerly by land formerly owned by Col Wm Faulkner easterly by the patent line of the Elinor Tract of which this is a part containing one hundred and thirty acres of land " This document was witnessed by Antonette Faulkner, James and Martha's daughter.(13)

Although there is no known documents to prove this William and Samuel are the same William and Samuel named in the will of William Faulkender, the evidence is compelling and backed by the census records showing that they were the only likely candidates, and thus we can conclude that Samuel and William are the sons of William Faulkender.

In conclusion, although the evidence presented is indirect I feel it is conclusive, and sufficient to tie William Faulkender to Samuel, James and William and to further tie William to Samuel and thusly tie Samuel to Robert, David, John and James.

©Copyright 2016 Anne Faulkner - AncestorArchaeology.net, All Rights Reserved

(1)New York Colonial Muster Rolls, 1664-1775, Vol 1, Report of the State Historian of the State of New York, Appendix H, Muster Rolls of a Century, pg. 608 [database on-line]
(2)Ruttenber, E.M. and Clark, L.H., History of Orange Co New York with Illustrations, Philadelphia: Everts and Peck, 1881 [pg 431]
(3)McWhorter, Emma, Seaman, Phillip and Booth, Dolly, The history and genealogy of the William Bull and Sarah Wells family of Orange County, New York: the first six generations in America and Canada, T.E. Henderson, 1974 [pg 131]
(4)New York Colonial Muster Rolls, 1664-1775, Vol II, Report of the State Historian of the State of New York, Appendix M, Colonial Muster Rolls, pg 735 [database on-line]
(5)Will of "William Faulkender", dated 11 Sept 1783,  Albany, NY, Wills, Ad - Af 1629 - 1802, New York Surrogate's Court, Albany Co, [New York Wills and Probate Records, 1659 - 1999 database on-line] 
(6)Year: 1790; Census Place: Wallkill, Ulster, New York; Series: M637; Roll: 6; Page: 213; Image: 479; Family History Library Film: 0568146 
(7)Year: 1800; Census Place: Wallkill, Orange, New York; Roll: 21; Page: 337; Image: 344; Family History Library Film: 193709 
(8)Year: 1810; Census Place: Wallkill, Orange, New York; Roll: 29; Page: 467; Image: 0181383; Family History Library Film: 00259
(9)"New York Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-32871-19260-30?cc=2078654 : accessed 6 April 2016), Orange > Deeds 1812-1814 vol O-P > image 11 of 534; county courthouses, New York. 
(10)New York Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-28504-23777-43?cc=1920234 : accessed 6 April 2016), Orange > Wills 1830-1837 and 1787-1797 vol 1-2 and A > image 247 of 687; county courthouses, New York. 
(11)1820 U S Census; Census Place: Wallkill, Orange, New York; Page: 344; NARA Roll: M33_64; Image: 357 
(12)1830; Census Place: Wallkill, Orange, New York; Series: M19; Roll: 113; Page: 145; Family History Library Film: 0017173 

(13)"New York Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-32877-943-38?cc=2078654 : 22 May 2014), Orange > Deeds 1839-1840 vol 66-67 > image 8 of 664; county courthouses, New York.

Finding Faulkner: Part Ten | And The Heavens Opened Up

It started, as good quests always do, with a family tale. 

Confused. Irritated. Exasperated, even.

I had come so far. Traveled the long and winding road. Compass pointed to my True North. Or was it Ithaca? Or Brigadoon? Have the years of bleary-eyed research been for naught? Did I get just so close, only to be stonewalled, again?

Samuel Faulkner was NOT French ...... was he? And, God as my witness, who the heck was Helen Murray? Somebody got some 'splainin' to do.

The original intent of the quest had been two-pronged. To prove or disprove the family tale, that our family descended from a Scottish Faulkner who immigrated to the Colonies in the early 1700's. And to link the family to the mysterious will of William Faulkender, that I felt in my bones was that immigrant, but needed to prove.

Let's lay out the facts. It's the only sound way to look at this conundrum.

We don't have to go back too far. And, perhaps we should just eliminate both Elizabeth Wilkin and Helen Murray since they were noted in books with no supporting documentation. Certainly another avenue of research, but not empirical to Finding Faulkner.

• Samuel Faulkner's wife was Elinor.
• Samuel Faulkner's sons were David, Robert, James and John M.
• Samuel Faulkner lived and died in Wallkill, New York. 
• There was only ONE Samuel Faulkner (spelled Falkener) in Wallkill in 1790, 1800 and 1810. (There was NO Samuel Faulkner in Wallkill in 1820 - lining up with the 1811 date of death)
• The only Faulkners (spelled Falkener) listed in Wallkill in 1790 were a James, a William and a Samuel.
• William Faulkender's will (abstract) dated 1783 listed sons: James, William Jr and Samuel.

I know. At this point it looks like I've done it. Right? It all looks good on paper. It all seemingly lines up. How can William Faulkneder NOT be the father of my Samuel? It could be that easy. Just say it is so, say I proved it, and walk away.

But I didn't prove it. There was still the question of the last name. Faulkender vs. Falkener vs. Faulkner. And really linking the whole thing together. You know, wrapping it up. Bringing it home.

Now, I know spelling was quite random in the 1700's. Many people were illeritate. There were a number of different languages being spoken in a small land area. Wallkill residents spoke Dutch, English, Irish, Scottish and French. That's a lot of different accents, even if they all learned to speak English. Which circles back to my original theory. Say "Faulkner" in your best, thickest Scottish accent. Sounds a lot like Faulkender, doesn't it?

So, who actually wrote the will? The original one. Not the abstract. Was it William? Mary, his wife? A neighbor, or some town official? If it was William, he'd certainly know how to spell his surname. And teach his children how to spell it too.

I needed to find that will. The original. Dang it. I needed to get to Albany, New York.

Shelving the quest, yet again, I began to hatch a scheme to get myself to New York......

Then it happened.

Sometime mid-March 2016 (you'd think I'd remember the exact date, wouldn't you?) I decided to tool around on Ancestry and see if I could find something new. They had uploaded "New York, Wills and Probate Records, 1659-1999"  a few months earlier (I was between subscriptions at the time) and I wanted to take a peek. When I opened William's profile in  Ancestry there was a new hint! From the wills collection!

Hands sweating, I held my breath and clicked on the image.

Disappointment. Again.

It was merely the handwritten transcript. Cool, sure, but not THE will. Intrigued, I knew I needed to do a good search of the records on my own, a better way to dig up records, anyway.

But wait ..... what was this? Off to the right, in the "suggested records" box? Another listing in the "New York, Wills and Probate Records, 1659-1999" One for a William H Faulkender.

Two questions ran through my head, William had a middle name? And, why hadn't this hint showed up as well? 

Clicking on it opened the Heavens and rained down the song of the Angels. (well, maybe not, but that's how I remember it) It was THE will and probate packet. The ACTUAL packet. Eight glorious pages of original handwriting, signatures and all.

Along about page three of the packet, 'Alice's Restaurant' lyrics came drifting into my head. "and there, there on the other side, in the middle of the other side, away from everything else on the other side, in parentheses, capital letters, quotated, read the following words:"

There it was. The signature. Or, should I say, the lack of signature. William was illiterate! (How often do you get excited about something like that?) He signed with an "X". The will was written in the hand of James Caldwall, one of three witnesses. Oh, and it got better. The probate documents contained the signatures of the sons William, James and Samuel. They were not great spellers, but they could write. And guess what? Each man spelled his name differently!

William Faulkender "X" signature on will

Wm Faulkner, James Faulknor, Samuel Fau?lner signatures on probate documents

Notation - not an "H"

Additionally, only the body of the will proper contained the Faulkender spelling. The probate papers recorded William's last name as Faulkner. And "H" was not his middle initial. It was a notation used throughout the will at the end of a line of text - perhaps a fancy hyphen. Transcription error!


Barring the discovery of the actual land deed Samuel signed in 1807 (ha!), whereas to compare signatures, or a time machine (I wish!), I feel this is as good as it gets. There were no birth certificates, no family photographs in the 18th century. No paper trail, as we know today, to prove lineage. I feel (mostly) satisfied, for now, to say that I have found what I was looking for. I have found Faulkner. And concluded the quest on American shores. Perhaps one day I will be able to continue the quest in William's homeland, Scotland. And maybe even learn why and how he came to immigrate to the Colony of New York over 300 years ago.

And just exactly how the family name was spelled!

Looks like it's time for a new quest!