Land Issues concerning James McFarland and his Children
Compiled by Mary Helen Haines
James E. (Jim) McFarland and his
family moved to Fannin County Texas in 1837 from
The
outline tree below is for 4 generations.
Descendants
of James McFarland
1 James McFarland 1795 - 1871 b:
. +Jane Jackson 1801 - 1872 b:
........... 2 Andrew Jackson McFarland 1817 - 1883 b:
............... +Artemissa
Pence 1829 - 1907 b:
north of
......................... 3 James Franklin McFarland
1847 - 1917 b:
behind Presbyterian Church,
............................. +Mary Jane Harper 1852 -
1935 b:
behind Presbyterian Church,
...................................... 4 Samuel Jackson
McFarland 1872 - 1948 b:
.......................................... +Wesley
Jewel Easley 1881 - 1962 b:
...................................... 4 Nancy
Elizabeth McFarland 1874 - 1931 b:
.......................................... +Horton
Edgar Fuller 1869 - 1962 b:
Cemetery
...................................... 4 Florence Cordelia McFarland 1876 - 1966 b:
.......................................... +Frances C.
Crawford 1871 - 1900 b:
...................................... *2nd Husband of
.......................................... +William McKibben Williams 1869 - 1931 b:
...................................... 4 Mary Arabella McFarland 1879 - 1974 b:
.......................................... +Walter
Perry Jennings 1870 - 1944 b:
...................................... 4 Rutha
Cemetery
.......................................... +Henry L.
Graves 1872 - 1924 b:
...................................... 4 Lillie Rado McFarland 1884 - 1887 b:
...................................... 4 James Robert
McFarland 1886 - 1970 b:
.......................................... +Lyle Kean 1892 - 1985 b:
...................................... 4 John Allen
McFarland 1889 - 1983 b:
Cemetery
.......................................... +Laura
Willie Verne Cox 1889 - 1949 b:
...................................... 4 Gordon Burnett
McFarland 1893 - 1966 b:
.......................................... +
...................................... 4 Lola Winifred
McFarland 1895 - 1986 b:
.......................................... +Joe
Meredith Hill 1888 - 1980 b:
......................... 3 John Ewing McFarland 1849 -
1927 b:
Presbyterian
Church,
............................. +Nancy Bayless Horn 1854 - 1928 b:
Presbyterian
Church, Fannin
...................................... 4 Susan Saphronia Elizabeth McFarland 1874 - 1912 b:
.......................................... +Edwin
Alfred Abshire 1872 - b:
...................................... 4 Artimissa Amanda McFarland 1876 - 1943 b:
Fannin
.......................................... +Jarvis
Franklin Rattan 1872 - 1953 b:
...................................... 4 James Newton
McFarland 1879 - 1968 b:
4,
.......................................... +Maud Smith
1880 - 1963 b:
...................................... 4 John Jackson
McFarland 1882 - 1961 b:
.......................................... +Mary D.
Cook 1884 - 1954 b: 1884 d: 1954 Burial:
...................................... 4 Annette
Rebecca McFarland 1886 - 1971 b:
.......................................... +Henry
Herman
...................................... *2nd Husband of
Annette Rebecca McFarland:
.......................................... +Ben A. Davis
- 1920 d: Bef. 1920
...................................... 4 Numan Horn McFarland 1890 - 1968 b:
.......................................... +Mary Cathenry Myers 1893 - 1966 b:
...................................... 4 Cordelia Belle McFarland 1884 - 1961 b:
Cemetery, Ladonia, Fannin
.......................................... +Claude Merideth Bartley 1878 - 1947 b:
Cemetery, Ladonia, Fannin
......................... 3 Nancy Jane McFarland 1851 -
1924 b:
............................. +William Wylie Cunningham
1849 - 1929 b:
...................................... 4 Matthew
Jackson Cunningham 1873 - 1952 b:
.......................................... +Mary Emily
Walls
...................................... 4 William
Sylvester Cunningham 1876 - 1936 b:
...................................... 4 Georgia Ann
Cunningham 1879 - 1957 b:
.......................................... +William
Hubbard Wilson 1876 - 1944 b:
...................................... 4 James
.......................................... +Norma S.
McGowan 1886 - 1954 b:
...................................... 4 Mary Artimissa Cunningham 1883 - 1883 b:
...................................... 4 Samuel Houston
Cunningham 1885 - 1946 b:
.......................................... +Jewell Lavera Wishard 1903 - 2000 b:
Fannin
......................... 3
............................. +Artemissa
McMurtry Bartley 1859 - 1879 b:
...................................... 4 Araminta McFarland 1879 - 1931 b:
.......................................... +Neely
Luther Holt 1873 - b:
...................................... *2nd Husband of Araminta McFarland:
.......................................... +G. A. Mann
......................... *2nd Wife of
............................. +Hazie
Agnes Hulsey 1860 - 1907 b:
...................................... 4 Simeon Jackson
McFarland 1885 - 1905 b:
.......................................... +Nodie Evelyn Wall - 1963 d:
...................................... 4 John Newton
McFarland 1887 - 1889 b:
...................................... 4 Lee Owen
McFarland 1891 - 1950 b:
.......................................... +Bessie Knox
Dossey 1893 - 1981 b: 1893 d:
...................................... 4 Euna Estelle McFarland 1893 - 1957 b:
.......................................... +Walter
Esker Scott 1890 - 1936 b:
...................................... 4 Audrey
Virginia McFarland 1896 - 1973 b:
Cemetery, Fannin
.......................................... +Oscar Verdo Churchwell 1893 - 1974 b:
Cemetery, Fannin
...................................... 4 Mabell
.......................................... +Robert H. Stepp
...................................... 4 Ambrose
Sylvester McFarland 1900 - 1982 b:
.......................................... +Mary Belle Raiden - 1986 d:
...................................... 4 Nancy Jane
McFarland 1902 - 1991 b:
Cemetery, Fannin
......................... *3rd Wife of
............................. +Hattie P. Ellis 1883 -
b: Abt. 1883
......................... *4th Wife of
............................. +Belvie
Beall
...................................... 4 William
Elliott McFarland 1912 - b:
......................... 3 Cyrus Sylvester(Bose) McFarland 1865 - 1925 b:
............................. +Susie M. Lee 1872 - 1943
b:
...................................... 4 Artemissa McFarland 1888 - 1888 b:
...................................... 4 William
Sylvester McFarland 1890 - 1958 b:
...................................... 4 Ethel Verda McFarland 1892 - 1987 b:
........... 2 John Ewing McFarland 1819 - 1845 b:
........... 2 Sarah Jane McFarland 1821 - 1903 b:
............... +Elijah Scott Sebastian 1824 - 1863 b: Abt. 1824 in
......................... 3 James M. Sebastian 1849 -
1860 b: 1849 d: Bef. 1860
......................... 3 Jane Catherine Sebastian
1850 - 1944 b: 1850 d: Abt. 1944
......................... 3 Ferney
Franklin Sebastian 1853 - 1932 b:
............................. +Mary Julia Swaim 1861 - 1937 b:
...................................... 4 Hershall Grady Sebastian
.......................................... +Gladys Sherrod
...................................... 4 Flora Belle
Sebastian 1876 - 1945 b:
.......................................... +Edward
Malone Lackey 1875 - 1964 b:
...................................... 4 Ellie C. Sebastian
1879 - b: December 1879
...................................... 4 Clarence Earl
Sebastian 1886 - 1965 b:
.......................................... +Mable Ethel Lackey 1886 - 1974 b:
...................................... 4 William R.
Sebastian 1891 - b: September 1891
......................... 3 S. Sebastian 1859 - b: 1859
d: in Infancy/does not appear on 1870 census
......................... 3 Jefferson Davis Sebastian
1861 - 1942 b:
...................................... 4 Lyda B. Sebastian
.......................................... +Richard
Harrell
......................... 3 Elmirey
Sebastian 1863 - 1928 b: November 1863 d: 1928
............................. +Bill Ross - 1943 d: 1943
........... 2 Anna McFarland 1823 - 1880 b: March 29,
1823 in
............... +Howard Etheridge 1815 - 1880 b: March
22, 1815 in Adams Co.,
......................... 3 John E. Etheridge 1841 - b:
Abt. 1841 in
............................. +P 1846 - b: 1846
...................................... 4 T D Etheridge
1867 - b: 1867
...................................... 4 W M Etheridge
1871 - b: 1871
...................................... 4 T C Etheridge
1874 - b: 1874
...................................... 4 P O Etheridge
1878 - b: 1878
......................... 3 S. H. Etheridge 1842 - b:
1842 in
......................... 3 R. G. Etheridge 1845 - 1860
b: 1845 in
......................... 3 Mary E. Etheridge 1850 - b:
1850
............................. +Kendrich
Stone 1853 - b: Abt. 1853 in
......................... 3 James G. Etheridge 1852 -
b: 1852
............................. +O. V. 1860 - b: 1860
...................................... 4 E. M.
Etheridge 1875 - b: 1875
...................................... 4 J. O.
Etheridge 1880 - b: 1880
......................... 3 Margaret V. Etheridge 1856
- b: 1856
......................... 3 William A. Etheridge 1858 -
b: 1858
......................... 3 Artemissa
A. Etheridge 1860 - b: 1860
........... 2 Albert McFarland 1824 - 1862 b:
............... +Cinthelia E.
1827 - b: Abt. 1827 in
......................... 3
............................. +W. Cyrus Mayo 1850 - b: Abt. 1850 in
...................................... 4 Arthur O. Mayo
1883 - b: Abt. 1883
......................... 3 Mary Ann McFarland 1853 -
b: 1853
......................... 3 William Perry McFarland
1855 - b: Abt. 1855 in
......................... 3 Julia Adeline McFarland
1857 - 1944 b:
............................. +William Preston Farmer
1855 - 1890 b:
...................................... 4 William Perry
Farmer 1881 - 1946 b:
.......................................... +Myrtle A.
Mitchell 1886 - 1976 b:
......................... 3 Josephine McFarland 1859 -
1955 b:
............................. +James Greenbury Murphy 1855 - 1927 b:
...................................... 4 Fred Murphy
1886 - 1915 b:
........... 2 Rebecca McFarland 1826 - 1889 b:
............... +Hezekiah Blankenship 1814 - 1852 b: Abt. 1814 in
......................... 3 James H. Blankenship 1843 -
b: Abt. 1843 in
............................. +Leore
1844 - b: Abt. 1844 in
......................... 3 Sarah E. Blankenship 1845 -
b: Abt. 1845 in
............................. +Bird Royal Cluck
......................... 3 John W. Blankenship 1846 -
b: Abt. 1846 in
......................... 3
............................. +James Cummins 1847 - b: Abt. 1847 in
......................... 3 infant Blankenship
........... *2nd Husband of Rebecca McFarland:
............... +George Wilkerson 1828 - 1886 b:
......................... 3 George C. Wilkerson 1857 -
1889 b:
......................... 3 Charles Wilkerson 1859 - b:
Abt. 1859 in Fannin
......................... 3 Nancy Wilkerson 1864 - b: Abt. 1864 in Fannin
........... 2 Jasper McFarland 1828 - 1888 b:
of Caddo Mills,
............... +Clarissa Cooper 1824 - 1897 b: January
07, 1824 in Tennessee d: January 27, 1897 in Near Caddo Mills, Hunt Co., Texas
Burial: Clinton Cemetery, 4 miles north of Caddo Mills,
......................... 3
............................. +Sarah Melissa Roberts
......................... 3 James A. McFarland 1852 -
1874 b:
......................... 3 William E. McFarland 1855 -
b: Abt. 1855
......................... 3 Jasper T. McFarland 1858 -
1888 b:
............................. +M. E. Browning
......................... 3 Martha J. McFarland 1861 -
1887 b:
........... 2 Cynthia Ann McFarland 1830 - 1867 b:
............... +James Collins Tucker 1825 - 1889 b:
......................... 3 M. A. Tucker 1849 - 1873 b:
1849 d: Bef. 1873
......................... 3 James Robert Tucker 1853 -
b: 1853
........... 2 James McFarland 1832 - 1865 b:
........... 2 William M. McFarland 1834 - 1852 b:
........... 2 Mary Jane McFarland 1836 - 1878 b:
............... +William Robert Terry 1828 - 1855 b: 1828
in
......................... 3 William Robert Terry 1854 -
1935 b:
............................. +Alice Missouri Beddingfield 1868 - 1928 b:
...................................... 4 Ollie Terry
1893 - 1900 b: 1893 in Bagby Community, Fannin
...................................... 4 Annie
.......................................... +Robert
Wesley Lansford Burial:
...................................... 4 William Thomas
Terry 1898 - 1977 b:
Fannin
.......................................... +
...................................... 4 James Lawrence
Terry 1900 - b:
...................................... 4 Forrest Terry
1900 - b:
...................................... 4 Flora Ida
Terry 1905 - b:
.......................................... +Rufus
Hickman Brown
...................................... 4 Ruby Leona
Terry 1908 - b:
...................................... 4 LeRoy
......................... *2nd Wife of William Robert
Terry:
............................. +R. Agness
Wilson - 1874 d: 1874
......................... *3rd Wife of William Robert
Terry:
............................. +Sallie F. Jones d: in
after birth of a daughter
........... *2nd Husband of Mary Jane McFarland:
............... +Frank M. Sebastian 1833 - 1859 b: 1833
in St. Francois Co.,
......................... 3 Charles H. Sebastian 1857 -
b: Abt. 1857
........... *3rd Husband of Mary Jane McFarland:
............... +L. T. Cunningham 1839 - 1902 b: 1839
in
......................... 3 John H. Cunningham 1860 -
b: Abt. 1860
......................... 3 Mary E. Cunningham 1862 -
b: Abt. 1862
......................... 3 James M. Cunningham 1865 -
1929 b:
......................... 3 Lee
............................. +Sallie D. Cunningham
1869 - 1950 b:
...................................... 4 Charles
Cunningham d: in in Childhood Burial:
...................................... 4 Joe Fulton
Cunningham 1897 - 1957 b:
Cemetery, Fannin
.......................................... +Carrie
Estelle Kilgore 1899 - 1954 b:
...................................... 4 Myrtle
Cunningham 1899 - 1973 b:
.......................................... +Harry West
1899 - 1980 b:
...................................... 4
.......................................... +Hathcock
......................... 3 Julia Cunningham 1874 -
1961 b:
............................. +W. R. Stoddard 1856 -
1902 b:
......................... 3 Buddy Cunningham 1876 - b: Abt. 1876
........... 2
............... +Sarah Carolyn Tucker 1842 - 1914 b:
March 21, 1842 in
......................... 3
............................. +M. M. Howard
......................... 3 James Robert McFarland 1864
- 1909 b: March 11, 1864 in
............................. +
...................................... 4 Mineymay McFarland 1885 - b: 1885
...................................... 4 Murtle McFarland 1886 - b: 1886
...................................... 4 James Newton
McFarland 1889 - 1965 b:
...................................... 4 Troia McFarland 1891 - b: July 1891
...................................... 4 Glet McFarland 1894 - b: August 1894
...................................... 4 Inez McFarland
1897 - b: January 1897
...................................... 4 Henry Edge
McFarland 1899 - b: January 1899
......................... 3 Mary Jane McFarland 1867 -
b:
......................... 3
............................. +Peachie
Julina Augusta Page 1865 - b:
...................................... 4 Edna C. McFarland
1897 - b: 1897
.......................................... +Frank Schaufel
...................................... 4 Earl McFarland
1900 - 1972 b:
...................................... 4
........... 2 Arthur Rodney McFarland 1844 - 1899 b:
Cemetery, Fannin
............... +Mary Ellen Terry 1840 - 1921 b: 1840
in
......................... 3 Edwin McFarland 1869 - 1934
b:
............................. +Margaret Bailey
...................................... 4 Delia Noel
McFarland
.......................................... +Turner
...................................... 4 Ethel
McFarland
......................... 3 Egbert
G. McFarland 1872 - 1902 b: Abt. 1872 in Fannin
...................................... 4 Edwin
McFarland
...................................... 4 Lillian
McFarland
......................... 3 Iva
Lena McFarland 1874 - 1956 b:
............................. +James Samuel Scroggins
1869 - 1950 b:
...................................... 4
.......................................... +Hannah Josephene Fredrickson 1902 - b:
...................................... 4 Alta Prudence
Scroggins 1894 - 1980 b:
Cemetery,
.......................................... +Ed Masters
...................................... 4 James Egbert Scroggins 1896 - 1918 b:
New
...................................... 4 Noble Dugan
Scroggins 1898 - 1976 b:
Cemetery,
.......................................... +Cora Ethel
Akers 1902 - 1959 b:
...................................... 4 Iva Ruth Scroggins 1899 - 1991 b:
.......................................... +Carl Henry
Baldwin Burial:
...................................... *2nd Husband of Iva Ruth Scroggins:
.......................................... +Henry Angeli
...................................... 4 Jesse Ray
Scroggins 1902 - 1904 b:
...................................... 4 Ernest Buford
Scroggins 1904 - 1904 b:
...................................... 4 Ima Lea Scroggins 1905 - 1905 b:
...................................... 4 Vera Vayne Scroggins 1906 - 1983 b:
.......................................... +Bill Orr
...................................... 4 Hazel Violet
Scroggins 1908 - 1962 b:
.......................................... +Walter Densler
...................................... *2nd Husband of
Hazel Violet Scroggins:
.......................................... +Charles Ulin Burial:
...................................... 4 Lois Loma
Scroggins 1911 - b:
.......................................... +Victor
Edwin Ferdig 1904 - 1973 b: June 19, 1904 in
Mapleton, Iowa d: April 18, 1973 in Sioux Falls, South Dakota Burial: Mt.
Pleasant Cemetery, Sioux Falls,
S.D.
...................................... *2nd Husband of
Lois Loma Scroggins:
.......................................... +Albert
Lehman
...................................... *3rd Husband of
Lois Loma Scroggins:
.......................................... +Charles
Patton 1918 - 1986 b:
...................................... 4 Beatrice Austine Scroggins 1913 - 1983 b:
.......................................... +Robert
James Jorgensen
...................................... *2nd Husband of
Beatrice Austine Scroggins:
.......................................... +Harold Francis
Boutwell
...................................... 4 Jack Harlan
Scroggins 1915 - 1981 b:
Cemetery,
Belle
.......................................... +Bernida Margaret Langmire
......................... 3
............................. +Mary Ellen McNerney 1868 - b:
The
documents below are the records of the transactions of James McFarland and his
sons from 1838 through the lives of the first two generations of McFarland settlers.
Land Grants:
James
was granted an unconditional certificate dated
On
The following
transcription appears in First Settlers of Fannin County, p. 40.
No. 79 Class second.
James
McFarland presents his claim as the head of a family and a married man and made
proof by Jackson McFarland and Curtin Journegan two
respectable witnesses that he emigrated to
No. 80 Class second.
Jackson
McFarland presents his claim to land as a single man over the age of seventeen
years and made proof by James McFarland and Curtis Journegan
two credible witnesses that he emigrated to
The
following information comes from HEADRIGHT
LAND GRANTS WHICH WERE REPORTED AS
GENUINE AND LEGAL BY THE TRAVELING COMMISSIONERS-JANUARY 1840 (first printed in
1841_
INTRODUCTION
in the reprint is by Carolyn Reeves Ericson )
“Grants of
land were given numerous names, depending upon the purpose of the grant.
HEADRIGHTS were to encourage immigration and reward native citizens. There were
four classes of HEADRIGHTS: The first was granted by the delegates who adopted
the Constitution of the
"I do solemnly swear,
that I was a resident citizen of Texas at the date of the declaration of
independence, that I did not leave the country during the campaigns of the
spring of 1836, to avoid a participation in the struggle, that I did not refuse
to participate In the war, and that I did not aid or assist the enemy, that I
have not previously received a title to any quantum of land, and that I
conceive myself justly entitled, under the Constitution and Laws to the
quantity of land for which I now apply."
In
addition, it was necessary to prove by two creditable witnesses that the
applicant was in
Second Class Headright
Certificates went to heads of families and single men who arrived in
The Third Class Headright
Certificates
were granted to heads of families and single men who immigrated to
Land was issued in the
following manner: a board of land commissioners was appointed for each county
by the combined houses of Congress. Headright claimants appeared before this
board, and, if they produced satisfactory evidence of their eligibility, they
were given certificates calling for the amount of land they were eligible to
receive. Applicants engaged a surveyor who was authorized to locate and survey
the land out of the unappropriated public domain. The surveyor usually received
one-third of the land for his services and some of the early land barons
amassed a fortune in this manner.
The
surveyor's field notes were then approved by the county or district surveyor
and certified to the Commissioner of the
Having proved that all
the steps were legal, James was granted his patent in 1845.
James McFarland:
Patent #264 for 1280 acres. 2nd class grant.
James McFarland’s Land Grant from the
James
makes a few other purchases. In 1847 he buys from Morgan Mullens
part of the Rice Smith survey for $9.75. (Book G. p. 368) Then in 1853 he buys
land in the Davis Creek area from Allen Tilly. (Book
G. p. 442)
In
the 1850 census James and Jane are fam. #217 living
with James, 17, Wm, 16, Mary Jane, 14,
Unaccounted
for is John Ewing McFarland. On July 7, 1845 James and Jane appear at the
Fannin County court to claim a land certificate for 640 acres in the name of
their deceased son, John Ewing McFarland. They are issued certificate #152- a 2nd
class headright. I assume he is the McFarland son who died in the Indian raid
that led to the establishment of the McFarland cemetery. James and Jane hold on
to this certificate until February, 1871 when they sell it to O.P. Richardson
for $320.00, or .50 cents an acre. The document reads “the land certificate
issued by the Board of land Commissioners of Fannin Co. to our deceased
legitimate son John Ewing McFarland.” (Book T, p. 199).
When this land was finally surveyed in 1874, it was located in
James
then proceeds to give grants to his daughters and sons-in-law. In 1853 he gives
Mary Jane and her husband Wm. R. Terry 130 acres of land from Daniel Davis
survey, and Allen Tilley purchase. (Deed Book G, p. 444) He gives Elijah Sebastian, his son-in-law,
and his daughter Sarah, a deed of 44 acres,
In
the 1860 census, James and Jane are fam. #598 living
with
James
and Jane sell 200 acres of their headright to son Newton McFarland for $100 on
Starting
in May, 1870, filed for record
All
three documents are the conveyance of land titles to Anna Ethridge,
Sarah Sebastian and Arthur McFarland. It seems that James and Jane McFarland
wanted to disperse most of their land to their children while they were still
alive, knowing that they would not be living much longer.
Sarah
is given 156 acres, Anna is given 160 acres, Sarah gives to Arthur 44 acres
that she had been given previously in 1855 (part of Rice Smith survey).
Jackson McFarland:
Claimed Patents #520, #521-320 acres each in
Fannin Co., 2nd class grant-File 115, certificate #73
He also purchased 640 acres for $645
from Reuben Brown
The
end of the war brought depressed land prices, because in 1867
In September, 1867
Albert McFarland:
A
4th class certificate #94 for 320 acres is conditionally granted to
Albert McFarland, a single man, who attained 17 by October, 1841. (According to the McFarland family Bible entry, Albert was born
November 10, 1824-so actually he was one month short.) This is dated
April 4, 1842. The survey is done in Sept., 1842 and the land borders Jackson
McFarland’s and Caleb Wood’s surveys on the south side of the
On
April 12, 1852, Albert McFarland
appears before officials in Hunt County and declares that he is a family man
and living on land at the headwaters of the Middle Sulphur
that appear to be vacant and he is filing for a preemption grant. On
Albert
has a rather confusing record. He appears in both the Fannin Co. and Hunt Co.
census in 1850, and the ages and wife and children are hard to decipher with
certainty. In the Fannin Co. census, on January, 1851, he is living on his land
and his sister Rebecca McF. and husband Hezekiah
Blankenship seem to be living on Albert’s land also. In October, 1850, an
Albert Mcfarling, born in
Fannin
County: Albert sells 320 acres of the
Walter Pool headright for $85 to Edward S. Groves in November, 1853. (Book K, p. 421) Albert
then sells part of his claim to Hezekiah Blankenship, his brother-in-law for
$180. (Book H, p. 235.)
Jasper McFarland:
On
In
1853 Jasper paid $88 for 177 acres from W. S. McClure from the Reuben Brown and
McConnell headrights. (Book G, p. 316) All 177 acres
of land is then sold in February, 1857 by Jasper and wife Clarissa to Susan A.
Hunt $350 in cash and another $350 in promissory note. Book L, p. 399. A tidy
profit!
Jasper
moves to
On
James and Jane are living as family #99
on land valued at $2000 with their widowed daughter Sarah Sebastian and her
children. James Tucker, son of Cinthia Ann McF. Tucker (deceased), age 17, is living with them.
Arthur is shown as family #98
on land valued at $1200, age 26 married to Mary E, age
30, from
Anna Ethrige (different spellings
appear in different documents) and husband Howard are family #96 living on land
valued at $1000.
Land
in this area must be valued at $6.00 an acre in 1870.
Therefore it can be seen
that James and Jane had divided sections of the land grant and given them to
their children who were too young, or female, to have acquired land from the
Republic of Texas.
Living
not far away, Jackson McFarland is
family #116 living on land valued $8500.
Rebecca McFarland had been married to
Hezekiah Blankenship living on land belonging to Albert McFarland in the 1850
census. Albert sold them land, Book H, p. 235. Hezekiah dies in 1852, and the
original record of the probated estate is also found in the Probate Box 3, Case
#114 in Fannin County Courthouse. It states that he
died in testate on
Jasper McFarland is living in
Son William died in
1852. Their other son, James was on the 1850 census at age 17, but not located
in
Cannot find Albert’s
heirs in the 1870 census, although they certainly are in the area because they
appear in the various lawsuits.
Court Cases and Decisions Concerning the Inheritance of
James McFarland
James
McFarland died on
This document is in Deed
Book U, p. 166 and the original transcription is below.
Jane Jackson McFarland
died May 14, 1872
with the following will; however the children who were left out of Jane’s
disposition of land disputed the will and the following documents were found in
Note: I, II, III, IV, VI
were found in Frances T. Ingmire’s book Terry and
Allied Families, pub. 1983. pp. 118-125. These are her transcribed notes.
V, VIII. Has been transcribed from the handwritten original by Mary Helen
Haines. Other records in this
document were found in the
I. Written
WILL OF JANE (
The
State of
County
of Fannin
In the name of God, Amen.
I,
Jane McFarland, of said county and state being of sound mind and memory and considering the uncertainty of this
frail and transitory life, and certainty of death, do therefore make, publish,
ordain and declare this to be my last will and testament, that is to say;
First,
after my lawful debts are paid, then the rest, residue, and remainder of my
estate both real and personal consisting of such property as was set aside for
my use and benefit as surviving widow of James McFarland, deceased by referees
duly chosen by mutual consent to superintend the distribution of said estate
between the parties legally entitled to receive the same to be disposed of as
follows:
To my son, Jackson McFarland, I give and
bequeath the sum of twenty-five dollars.
To the heirs of Albert McFarland, I give
and bequeath twenty-five dollars.
To Robert Tucker, heir of Cynthia Tucker,
I give and bequeath the sum of twenty-five dollars.
To my daughter, Sarah Sebastian, I give
and bequeath the sum of twenty-five dollars.
To Anna Ethridge,
I give and bequeath the sum of twenty-five dollars.
To Rebecca Wilkerson, I give and bequeath
the sum of twenty-five dollars.
To Mary J. Cunningham, I give and bequeath
the sum of twenty-five dollars.
To my two sons, Arthur and Newton
McFarland all the rest, residue and
remainder of my estate as set aside by said referees, and otherwise disposed of by me prior to my decease
consisting of land, horses, cattle,
hogs, oxen, farming implements, corn, oats, household and kitchen
furniture, wagon, cash on hand, and any and all other property that I now have
or may have at the time of my decease,
to be taken charge of by my said sons, Newton
and Arthur, and divide equally between them upon such terms as they may
agree.
Likewise, I make, constitute and appoint
my said sons, Newton and Arthur to be
executors of this my last will and testament and hereby revoke all former wills by me made, and said
executors shall at the time of my decease take charge of all my effects, and
dispose of them as they see proper, becoming responsible to each of my heirs
for the amount herein bequeathed to them respectively, and my said executors
shall within twelve months time, from time of my decease pay over to James H.
Hulsey, the amount of two hundred dollars with instructions to divide the same
equally between the eight first named heirs.
In testimony whereof, I have hereto affixed my
hand scroll for seal.
This the second day of February A.D. l872.
Jane McFarland (seal)
Witnessed by: H.J. Henderson
S.D. Johnson
(The
signed will was given to James McFarland’s sister, Nancy Caroline Sloan, for
safe-keeping after it was executed and witnessed.)
Will
filed
II. Referees investigated the properties owned by the
children and filed their proposal for distribution on
CONCERNING THE ESTATE OF
JAMES MC FARLAND
(AGREEMENT)
James "Jimmy" McFarland died suddenly
and left no will.
The State of
County of Fannin
We the undersigned referees respectfully show that
by virtue of agreement entered into: Have this day therein required, made a
fair, just and impartial partition and distribution of the property specified
in said agreement as belonging to the estate of James McFarland, dec'd. among the heirs and distributers
of the same to the best of our skill and
knowledge, the results whereof we respectfully submit to the consideration of
the court as follows:
TO
WIT: To Mrs. Jane McFarland, set apart
according to agreement 302 acres of land the head right of James McFarland,
also provisions on hand, also four head of horses, eight cows, and calves, 40
head of stock hogs, and all the pork hogs, one yoke of oxen and one wagon, all
money on hand, (900.00) nine hundred
dollars, also all household and kitchin furniture.
The remains of said estate of James McFarland. dec'd. as follows:
TO WIT:
302 acres of James McFarland, head right $9.50
value $2,869.00
292 acres of Ragsdale
Head Right $5.00 value $1,460.00
32 acres of McConnell
head right $3.00 value $ 96.00
Amount of old notes $1,358.75
Amount of new notes $1,358.39
Total value $2,717.14
Amount of land given to
each legatee
Anna Ethridge
l60
acres @ $5.00 = $800.00
Sarah Sebastian l60
acres @ $5.00 = $800.00
Arthur McFarland l60
acres @ $5.00 = $800.00
Newton McFarland 200
acres @ $5.00 =$1,000.00
Mary Jane Cunningham l42 acres @ $5.00 = $710.00
Rebecca Wilkerson 80 acres @ $5.00= $400.00
Total Value $4,510.00
Personal gifts to
various legatees amounting to $1,420.50
TOTAL $13,062.64
AMOUNT OF COST TO
DATE 106.00
$12,956.64
Divided among ten legatees
$12,956 ÷ 10 = each $
1,295.66
The estate of James
McFarland due Anna Ethridge $1,295.66
Received l60 acres of
land @ $5.00 per acre = $ 800.00
Received in personal
property $ 140.00
To be paid from proceeds
(notes) $ 355.66
TOTAL $1,295.66
Due Sarah Sebastian $1,295.66
Received l60 acres of
land @ $5.00 per acre = $ 800.00
Received in personal
gifts $ 125.00
To be paid from proceeds
(notes) $ 370.66
TOTAL $
1,295.66
Due Arthur
McFarland
Received l60 acres of
land @ $5.00 per acre = $ 800.00
Received in personal
gifts $ 149.50
To be paid in proceeds
(notes) $ 346.16
TOTAL $1,295.66
Due
Received 200 acres of
land @ $5.00 per acre = $1,000.00
Received in personal
gifts $ 185.00
To be paid from proceeds
(notes) $ 110.60
TOTAL $1,295.66
Due Mary Jane Cunningham
Received l42 acres of
land @ $5.00 per acre = $ 710.00
Received in personal
gifts $ 156.00
To be paid from proceeds
(notes) $ 427.66
TOTAL $1,295.66
Due Rebecca Wilkerson
Received 80 acres of
land @ $5.00 per acre $ 400.00
Received in personal
gifts $ 108.75
To be paid from proceeds
(notes) $ 687.30
Apportioned in land $ 99.61
TOTAL $1,295.66
Due Jackson McFarland
Received personal
gifts $ 231.00
Apportioned in land $1.064.66
TOTAL $1,295.66
Due Jasper
McFarland
Received in personal
gifts $ 189.00
Apportioned in land $1,104.66
TOTAL $1,295.66
Due J.R. Tucker
Received in personal
gifts $ 324.50
Apportioned in land $ 971.16
TOTAL $1,295.66
Due Albert McFarland
(deceased)
Received in personal
gifts $ 110.75
Apportioned in land $1,184.91
TOTAL $1,295.66
(About $300.00 in notes
doubtful is able to collect)
In Testimony whereof we
hereunto set our hands and seals:
O.P. Richardson (seal)
John Hulsey (seal)
M. Cunningham (seal)
J.H. Hulsey
(seal) Sworn and subscribed before me,
J.W. Dunn, a justice of the Peace for
Fannin County, Precinct#3, this the 31st day of August A.D. l872.
J.W. Dunn, J.P.
(Newton
McFarland died
III. Contest of application of will filed
Application
by Newton McFarland and Arthur McFarland to probate Jane McFarland will.
(Arthur and
Summary:
Contested by Jackson McFarland, Jasper McFarland, Sarah Sebastian, Anna Ethridge, Mary J. Cunningham, and the heir of Cynthia
Tucker, all heirs of Jane McFarland.
The above heirs state: the will was written at a time when Jane McFarland was old and infirm, as stated before the will was contested, and the court awarded each child equal shares.
IV.
Arthur
McFarland — VS — the heirs of Jane McFarland — Filed Sept. l4, l872
Arthur states the
other executor named in Jane McFarland’s will was son Newton McFarland,
that
V. In
VI. Exceptions filed
The
previous testimony was objected to.
VII.
Arthur
McFarland-——Filed
Children
listed in this petition were represented by their mother Sarah C. McFarland,
widow of Newton McFarland,
James Robert,
Mary Jane, and
William Albert McFarland.
This
was signed by Sarah C. McFarland.
Heirs listed by Arthur McFarland
1.) Anna Etheridge
2.) Sarah
Sebastian
3.)
Mary Jane Cunningham
4.)
Jackson McFarland
5.)
Jasper McFarland
6.) J.R. Tucker only heir of Cynthia Ann Tucker
(dec'd. daughter of Jane McF.)
7.)
Elizabeth Jane Mayo, wife of Cyrus Mayo.
Mary Ann McFarland
William P. McFarland
Julia McFarland
Josephine McFarland (children of Albert McFarland, dec’d)
Paid to Jackson McFarland ——————— $100.00
Paid to Jasper McFarland ———————— $100.00
Paid to Anna Etheridge -——————-—— $100.00 (wife of Howard
Etheridge)
Paid to Sarah Sebastian --——————— $100.00 (widow)
Paid to Mary Jane Cunningham—————— $100.00 (wife of Leroy T. Cunningham)
Paid
to Elizabeth Jane Mayo, Mary Ann McFarland, William P. McFarland, Josephine
McFarland, Heirs of Albert McFarland-————— $100.00
Paid
to Robert Tucker, heir of Cynthia Tucker
Rebecca
Williamson, wife of George W. Wilkerman, (Wilkerson) went
to the Cherokee
Nations.
VIII.
In Nov. 1873
In Book Z, p. 605, Arthur and Mary E. McFarland are selling his rights to 73.5 acres of the 302 acres to B. N. Browning for $300 in gold coins, $300 in a promissory note, and $280. in a 12% interest bearing note. This is in 1873.
IX. 1874: Deed Record found in Book S, p. 196-199,
Hunt Co. between Heirs of James and Jane McFarland over Land Distribution.
Grantee is Jasper McFarland and Grantor is Sarah McFarland (wife of
The State of
Know all men by these present that
are Sarah (McF.)Sebastian, Anna (McF.)Ethridge, Arthur Mcfarland, Sarah
C. (Tucker) Mcfarland, Executrix of the Estate of
Newton Mcfarland, Dec’d ,
and Mary J. (McF.) Cunningham, all of said County and
State aforesaid for and in consideration of the sum of herein after mentioned
to us in hand paid by the parties named in the same as follows; to wit, by
Jackson Mcfarland the sum of one Thousand and
sixty-four dollars and sixty six cents, by Jasper Mcfarland
the sum of Eleven Hundred and four 66/100 Dollars, by J.R. Tucker, only heir of
Cynthia Tucker Dec’d. Nine hundred and seventy one
dollars and sixteen cents by Elizabeth J. Mayo alias Elizabeth J. Mcfarland Mary Anne Mcfarland and William P Mcfarland
and Sinthelia E. Mcfarland
& Josephine Mcfarland Heirs of Albert Mcfarland Dec’d, Eleven Hundred
and Eighty four 91/100 dollars by Rebecca Williams the Sum of Ninety one
dollars and sixty one cents. Have this day bargained sold and aliened and
conveyed unto the forgoing parties, to wit, Jackson Mcfarland,
Jasper Mcfarland, the heirs of said Cynthia Tucker Dec’d and Rebecca Wilkerson all the rights title interest
and claim that we have or may have in and to the following Land, to wit, Three
hundred and two acres, more or less of a survey of Twelve hundred and eighty
acres of land in said County of Fannin the Head Right of our father James Mcfarland Dec’d being the east
half of said James Mcfarland homestead and set apart
to the said grantees by the seffenees (?) who divided
and distributed the Estate of said James Mcfarland.
Also Thirty two acres of land apart of the six hundred and forty acres Head
right survey of John McConnell; situated in Fannin County. Beginning at the South East corner of
the tract deeded to Robert K. Shaw on the 20th day of February 1860
by Hugh Braaly and Mary Braaley
at a stake in H. G. Greenes (?), North boundary-line
from which a small Honey-locust marked X
bears South 82 decrees W 4 varas Thence West on Griness line 52 pales to a Spanish Oak marked XZ Thence
North 92 pales 12 ½ links to a Small Hickory marked X bears North 1 varas Thence East 52 pales to ……(?) West line from which a
Pecan marked X S 29 decress W 5 varas,
Thence South 98 pales 12 ½ links to the place of Beginning and containing 32
acres more or less which 32 acres was conveyed to James Mcfarland
by Als. Stobaugh assignee
of Robert K. Shaw Bankrupt by deed hearing date the 19th day of
January 1869 and filed for Record in Fannin County October 4th, 1872
also 291 3’4 acres of land in Hunt County and described as follows, Beginning
at the North West corner of a tract of timbered land patented to Martin H.
Ragsdale at a stake, Thence South 1550 varas to a
stake Thence East 1218 ½ varas to a stake Thence
North 1250 varas to a stake. Thence West 1218 ½ varas the place of beginning containing 291 ¾ acres more or
less which was conveyed to James Mcfarland by A.G. Stobaugh assign of Thomas Shaw Bankrupt on the 19th
day of January 1869 and Recorded in Hunt County records, on the 19th
day of May 1873 in Book O, pages 457 unto … the said Jackson Mcfarland Jasper Mcfarland and
the heirs …said of Albert Mcfarland, Dec’d and J. R. Tucker heir of Cynthia Tucker and Rebecca
Wilkerson to have and to hold all and singular the said promised together with
the right members and appurtenances to the same …or in anywise incident or
appertaining and we the said Sarah Sebastian, Anna Ethridge
joined by husband Howard Ethridge, Arthur Mcfarland, Sarah C. Mcfarland
Executrix of Newton Mcfarland Dec’d,
and Mary J. Cunningham, Joined by her husband Leroy T. Cunningham, do hereby
warrant and forever defend the title to the same against any and all persons,
claiming the same or any part thereof by
in or through us.
Witness our hands this
the ninth day of July, A.D. 1874.
L. T. Cunningham
(signed with a mark)
Mary J. Cunningham
(signed with a mark)
Arthur Mcfarland
Sarah McFarland
Executrix
Sarah Sebastian
Howard Ethridge (signed with a mark)
Anna Ethridge (signed with a mark)
The State of
Before me G.J. Mayo
Justice of the Peace and Notary Public in and for said county of Fannin devsmaccy (?) came L. T. Cunningham, Arthur Mcfarland, Sarah Sebastian, Sarah Mcfarland,
Executrix, and Howard Ethridge to ….known by whom the
foregoing and bearing date July the 9th
1874 appears to have been executed and acknowledged that they Executed the same
for the consideration and purposed therein Stated, also came Mary J. Cunningham
wife of L.T. Cunningham and Anna Ethridge, wife of
Howard Ethridge and having the same by me fully
explained to them and being by me examined separate and apart from their said
husbands acknowledged that they signed the same of their own free wills and
accord without the fear of or my undue influence of these said husbands and
wish not to retract it.
To all of which I
certify by here to setting my hand officially with the seal of my Office, this
the 9th day of July, 1874
G. J. Mayo, J.P. and
Notary Public; F. Co.,
What all this means is that, using the figures that divided up the estate and all properties and gifts that the referees came up with in 1872, the children Jackson, Jasper, J.R. Tucker, Rebecca, and Albert’s heirs paid to the other children Sarah Sebastian, Anna Ethridge, Arthur McFarland, Sarah (Newton’s wife), and Mary Jane Cunningham—cash for the amount valued for their apportionment in land so they became the owners of the disputed land.
In
Sarah,
the widow of
So
I am not sure what happened with the agreement signed by everyone in
X.
One receipt of interest found in the estate
settlement -July 19, 1875 - before the first day of January, I promise to pay
W.A. Covington thirty dollars for a tombstone placed on the grave of Jane McFarland
— Arthur McFarland. ——May 15, 1872 —— burial expenses paid to Joseph Logerot —
1
coffin -—— $10.00
1
box —————$ 4.00 = $14.50
Tacks
& Screws $
.50
XI.
In August 1875,
XII. The Conclusion
In Book Z, p. 247, dated January, 1876 is a private sale by
the court of Arthur’s inheritance to
In
On
As late as 1878 Arthur was planning on being in
In 1880 Arthur’s family is settled in
On
Jackson sells to his son Cyrus Sylvester various lands, the 126
and 2/3acres from the Arthur deed (various bits on McFarland Creek including 44
acres from the Rice Smith survey, and 82 acres from the James McFarland
survey), and another 640 acres, the headright of Wm. Griner
for $2000. The date is
For $1000
Deed
records show that Sarah Sebastian deeded to F. F. Sebastian land on
In 1880 census records: The McFarlands are living in Prec. 4,
Fannin Co., Dist. 26
Newton
McFarland’s descendants: living on their farm.
John
Etheridge, child of Anna McFarland and Howard Etheridge is fam.
#382. James Blankenship, son of Rebecca McFarland who has now remarried and
moved to
John
Ewing, son of
James
Franklin’s family is fam. #459 on p. 437 living on
land purchased by
Missing
in the census records are Artemissa and Jackson as
well as Newton Jackson McFarland. Were they traveling? We know they were living
there because of the various deed transactions, but somehow they missed the
census takers or the page where they are listed is missing from the records.
Artemissa Pence McFarland died on July 6, 1907. The children, probably
remembering well what their parents went through in the 1870s, amicably divided
the land she had “bought” from
To Cyrus Sylvester went one acre
from J.T. Hobbs survey, next to Jackson McF. survey. Also another one acre tract from the
To Newton Jackson McFarland went the
302 acres that had been the disputed land from James’ headright,
inherited by Jane McFarland. Deed Book 105, p. 602
To Nancy Jane Cunningham and husband
William Wylie Cunningham went 309.68 acres, part of the Reuben Brown survey.
This was the land Jackson and Artemissa had made as
their home. Deed Book 111, p. 430.
Arthur McFarland in
When Arthur and Mary McFarland moved
to
On
In June, 1882 Mary E. McFarland
purchased 160 acres for $125 as part of a pre-emption survey that had
originally been surveyed for W. D. Wyatt in 1879. It was called
pre-emption survey #137. It is
located on the
I
feel that Wyatt is somehow related to the Terry family. I found it strange that
both Mary and Arthur could file for pre-emption land grants and wondered if
they were not living together, although no one in the family indicates a
separation. Arthur sold or granted his land in
*********
Of all the
McFarland land granted, bought, and sold over the years, only a few of the
original acres of James and his children are still in the hands of McFarland
descendants. James Franklin McFarland added to his 176 acre gift from his
father