Isaac Payne Sr. (abt. 1710 - aft. 1791)

Born about 1710 in Dorchester County, Maryland [uncertain]

Descendants

Died after Jul 1791 after about age 81 in Caroline County, Maryland, United States

Problems/Questions Profile managers: Jim Peterson [send private message] and Kip Carnes [send private message]

Biography

ISAAC PAYNE, SR. NOT SON OF THOMAS PAYNE OF ST. MARY’S, MARYLAND

Isaac Payne, born about 1710 probably in Dorchester County, Maryland, was NOT related to the St. Mary’s County Payne line started by Thomas Payne and his wife, Jane Smallpiece. Historical records show the great-grandson of the 1664 Thomas Payne, Isaac Payne of St. Mary’s County, was born about 1724 which would make him too young to have been the father of Isaiah Payne, born about 1735, a son of Isaac Payne of Dorchester County. There is no evidence to connect the Dorchester County, Maryland Isaac to the St. Mary's, Maryland line. The ancestry of Isaac Payne of Dorchester (later, Caroline) County, Maryland is unknown.

Dick Payne rpaynegen@yahoo.com

THERE WAS NO SARAH DAULTON—A FICTIONAL PERSON

Isaac Payne (Pain) of Dorchester/Caroline Counties, Maryland wife’s name appears to be Sarah based on her listing in the 1790 Caroline County, Maryland census, but there is no evidence of her maiden name and, in fact, there is evidence to show her maiden name was not Daulton and Sarah Daulton was a fictional person.

Talbot County land records (Queen Anne’s County was formed out of Talbot County in 1706) show business associations between James Daulton (said to be Sarah’s father with no documentation or evidence of her existence provided) and Isaac Payne going back to 1699 which would make Isaac a much older man--too old to have been the Isaac Pain, Sr. who, 92 years later, in 1791 in Caroline County, Maryland sold livestock and household goods to his sons, Isaac Pain, Jr. and James Pain. This Isaac is also said to be the father of Isaiah and John Payne based on YDNA and Maryland historical records.

More evidence comes from the sale of the plantation, New London, in 1742 by Isaac Payne and Sarah which plantation has been said, with no proof, that it was a part of a 1733 marriage agreement between James Daulton, his daughter, Sarah and Isaac Payne. I have seen no evidence that James Daulton ever had a daughter, Sarah, or any children. The actual document does not state any interest that would have been conferred to Sarah by land gifted by a marriage agreement as one normally would, but specifically states the plantation was a gift to Isaac as a loving friend and gives rights to all heirs but not any to Sarah alone.

Usually, a marriage agreement would be identified as such because “A husband could not sell or mortgage the realty his wife brought to their marriage without her consent. He could use it, but he could not convey it because a woman’s real estate, generally inherited from her father, was meant to stay in the family and descend through her to her children.”* Even when the plantation was sold in 1742 it was described as being a gift to Isaac with no mention of any rights Sarah would have had if the plantation had been acquired through a marriage agreement.

• http://ap.gilderlehrman.org/essay/legal-status-women-1776%C3%A2%E2%82%AC%E2%80%9C1830

The strongest piece of evidence is a comparison of the 1742 Queen Anne’s New London land sale document by one Isaac Payne and the 1791 Caroline County, bill of sale by a different Isaac Payne. The 1742 Queen Anne’s, MD document was signed by “Isaac Payne” which shows he was literate—able to sign his name while “Isaac Pain, Sr.” made his mark almost fifty years later on the 1791 Caroline, MD document. Proof they were two different men, one literate and the other unable to sign his name both with a wife named “Sarah” but living in different counties at different periods of time.

With proof the Queen Anne’s Isaac Payne and the Dorchester/Caroline Isaac Pain, Sr. are two different men, there is no basis for the claim there was a Sarah Daulton. The maiden name of each Isaac Payne’s wife, Sarah, is unknown.

MARYLAND LAND RECORDS AS EVIDENCE THERE WERE TWO ISAAC PAYNE’S—ONE LITERATE, THE OTHER UNABLE TO SIGN HIS NAME AND PROOF THE 1733 MARRIAGE AGREEMENT STORY IS FICTION WITH NO ACTUAL PERSON NAMED SARAH DAULTON

Queen Anne Co., MD Deed book RT B p 486 5 Feb 1742

Isaac Payne of Queen Anne co., MD and his wife Sarah sell the land he was given by James Daulton in 1733, Tract called “New London”, to John Morque. Signed: Isaac Payne Sarah (X) Payne Wit Wm. Junipe Henry Jasson

Caroline Co., MD Land Records, Vol B, 1786-1789 & Vol. C, 1789-1791", compiled by R. Bernice Leonard. Vol C. page 371. 19 July 1791 - 25 July 1791

Isaac Pain, Sr. to Isaac Pain, Jr. and Jas. Pain - cons L30 (pounds) - Bill of Sale for livestock, furniture and earthenware (3 feather beds and furniture, all my Pewter and Earthen ware, all Household furniture, 3 head of Horses , 9 head of cattle, 21 head of Hoggs) . Signed: Isaac (X) Pain Wits: Wm Salisbury, Wm. Clough. Ack. bef. John Hardcastle

As further possible evidence of the illiteracy of Isaac Pain, Sr., two of his sons, Isaiah and John, made their mark when signing deeds on sale of land.

Copies of the actual documents are available on-line.

Dick Payne rpaynegen@yahoo.com

ISAAC PAIN (PAYNE), SR., OF DORCHESTER/CAROLINE, MARYLAND NOT A SON OF THOMAS PAYNE AND ELIZABETH TAYLOR NOR HUSBAND OF SARAH DAULTON

8/12/2017 Recent research of Maryland records show Isaac Payne was NOT descended from Thomas Payne of the St. Mary's, Maryland Payne family. Estate records prove the St. Mary’s Isaac Payne was born in 1724—too young (He was age 11 in 1735.) to be the father of Isaiah Payne and, thus, too young to be the Dorchester/Caroline Counties’ Isaac Payne. This Isaac’s family background is unknown.

In addition, research shows there probably never was a Sarah Daulton. There were two different Isaac Payne’s in 1700’s Maryland. One who lived in Queen Anne's County was literate—able to sign his name on the 1742 sale of the plantation gifted him by James Daulton. The other of Dorchester/Caroline Counties was illiterate--unable to sign his name on a 1791 Caroline Co., Maryland sales document. There is no evidence James Daulton had a daughter or sister. There is no evidence of a marriage agreement between James Daulton and Isaac Payne thus no basis for claiming there was a Sarah Daulton. The maiden name of the wife of Isaac Payne of Dorchester/Caroline County, Maryland is unknown.

I have been unable to find mention in Maryland records of a Sarah Daulton. Her existence appears to be based upon the name “Sarah” given as the Queen Anne’s Isaac Payne’s wife in the 1742 documents for the sale of their plantation, New London, which was gifted in 1733 to Isaac by a James Daulton. Although Patsy Bradbury’s book says, “Sarah is supposed to have been born in 1716. She was married by 1733, as the land was deeded, in Queen Anne's County, to “she” and Isaac in that year.” There is no mention of Sarah in the 1733 deed only “Isaac Payne and his heirs” are named. This is probably the source of the erroneous information—the assumptions that the 1742 Sarah was related to James Daulton and the New London plantation was a wedding gift.

The sales document does not state any interest that would have been conferred to Sarah by land gifted by a marriage agreement, but specifically states the plantation was a gift to Isaac and gives rights to all heirs but not any to Sarah alone. Not necessarily proof, but an indication the gifted plantation was not a part of a marriage agreement.

ISAAC'S RESIDENCE

Many give Dosset, Dorchester, Maryland as the birth locations for Isaac Payne family members. According to Google and Maryland records, there has never been a community named "Dosset" in Maryland. (This name comes from a Rev War pension claim filed by Nehemiah Payne who died in 1841 in GA.) The use of “Dosset” as a location should arouse suspicion in the viewer.

Records on Isaac and Sarah are found in Caroline County, Maryland which was formed out of northern Dorchester and Queen Anne's Counties in 1774. In the 1780's they lived at Cape Ann on over 400 acres along the Choptank River, Bridgetown Hundred, Caroline County, Maryland up-river from present day, Denton, Maryland.

The 1790 Caroline, Maryland Federal Census names Sarah Pain as head of household (probable source of Isaac Pain, Sr.’s wife’s name). Born around 1710 he, at age eighty, is probably infirm at this time. Also in the 1790 Caroline Census are sons, Isaac, Jr. and John. Son, James, is listed in the adjoining Dorchester Co. census report.

The 1800 Rowan, NC census frequently cited for Isaac, Sr. shows young children so it actually is for Isaac Payne, Jr. who died in Rowan County in 1801 with his brother, John Payne, as administrator of his estate. Isaac. Sr. is last noted when he sold household goods and livestock to his sons, Isaac, Jr. and James, in July 1791 in Caroline Co. , Maryland. Born around 1710, he probably would have been too old to travel from Maryland to North Carolina in the 1790’s.

CHILDREN

No will or other document that names their children has been found. A July, 1791 bill of sale for household goods (including bedding and earthenware) and livestock names Isaac Payne, Sr., Isaac Payne, Jr. and James Payne who are thought to be father and sons in the family. With the sale of these items, Sarah is probably deceased by now. Isaac. Sr. probably soon followed. In 1793 son, John Payne, bought land in Rockingham County, North Carolina.

Isaiah and John Payne, Sr. are assumed to be sons of Isaac, Sr. based on their associations with Isaac Payne, Jr.in Dorchester and Caroline Counties, Maryland and Rowan County, North Carolina historical documents plus YDNA test results.

Only these four sons, Isaiah, ca 1735-1818, John, d. ca 1821, Isaac, Jr., d. 1801, and James, d. ca 1796, can be connected through YDNA and historical documents to Isaac, Sr. and/or Dorchester/Caroline Counties, Maryland.

Concerns, questions, documentation?

Dick Payne rpaynegen@yahoo.com

8/6/2016

HISTORICAL EVIDENCE THAT ISAAC PAYNE OF DORCHESTER/CAROLINE COUNTY, MARYLAND WAS NOT A SON OF THOMAS PAYNE OF ST. MARY’S, MARYLAND.

http://userpages.umbc.edu/~pdavis2/Participants/dawsonm/genealogy/wills/wills_op.htm

Payne, Isaak, St Mary's Co., 14th March 1712-3; 28th March 1713. To son Thomas and hrs., dwelling plantation ---; he dying without issue, to 2 daus., Hannah and Sarah, and their hrs.; also personalty. Son to be of age at 18. " 2 daus., Hannah and Sarah afsd., and their hrs., tract in Courseys Neck, "Riders" and "Broadneck," equally. Shd. either die without issue, portion of deceased to survivor; shd. both die without issue, to pass to son Thomas. " 3 child. afsd., residue of personal estate. Dau. Hannah to care of son Thomas so long as she is lame and unmarried. Ex.: Richd. Griffen. Test: Wm. Johnson, John Langley, John Mackintosh, Wm. Nouland. 15. 86.

Note: In 1713--"Son to be of age at 18" An indication he was probably too young and unmarried when Isaac Payne of Dorchester County was born--rlp

(Estate settlement--St. Mary’s County, Maryland)

Thomas Payn 26.46 A SM £130.15.7 £154.15.11 Apr 17 1749 Sureties: John Taylor, Joseph Fitzjeffery. Payments to: Capt. Robert Chesley. Distribution to: widow (unnamed, 1/3). Residue to (children): Joseph Payn (aged 27), Isaac Payn (aged 25), Thomas Payn (aged 21), Mary Payn (aged 19), Elisabeth Payn (aged 16), Diannah Payn (aged 14), John Payn (aged 8). Executrix: Elisabeth Payn.

1749—25 = 1724 Isaac of St. Mary's birth year--proof he was too young at age 11 in 1735 to be the father of Isaiah Payne of Dorchester, Maryland. Isaiah received a grant of land, Isaiah's Choice, in 1753. Had to be at least age 18 for the land grant thus his calculated birth year: 1753--18 = 1735 --rlp.

EVIDENCE THERE WERE TWO ISAAC PAYNE’S—ONE LITERATE, THE OTHER UNABLE TO SIGN HIS NAME THUS NO PERSON NAMED SARAH DAULTON

Queen Anne Co., MD Deed book RT B p 486 5 Feb 1742

Isaac Payne of Queen Anne co., MD and his wife Sarah sell the land he was given by James Daulton in 1733, Tract called “New London”, to John Morque. Signed: Isaac Payne Sarah (X) Payne Wit Wm. Junipe Henry Jasson

Note: Signed by Isaac Payne. His wife, Sarah, made her mark--rlp.

Caroline Co., MD Land Records, Vol B, 1786-1789 & Vol. C, 1789-1791", compiled by R. Bernice Leonard. Vol C. page 371. 19 July 1791 - 25 July 1791

Isaac Pain, Sr. to Isaac Pain, Jr. and Jas. Pain - cons L30 (pounds) - Bill of Sale for livestock, furniture and earthenware (3 feather beds and furniture, all my Pewter and Earthen ware, all Household furniture, 3 head of Horses , 9 head of cattle, 21 head of Hoggs) . Signed: Isaac (X) Pain Wits: Wm Salisbury, Wm. Clough. Ack. bef. John Hardcastle

Note: "Isaac (X) (his mark) Pain"--signed with mark not signature--rlp.

CHILDREN ON PAYNE FAMILY TREES

Many Payne family trees give the following as children of Isaac and Sarah Payne. Most lived in Rowan, North Carolina and only one, Isaiah, has any documented connection back to Isaac and Sarah in Dorchester/Caroline, Maryland through historical documents or YDNA.

Commonly Listed Children With Comments

Thomas Jefferson (1732-1797)—Reported as a son of a William Payne of Dorchester, Maryland.

Nehemiah (1733-1841)--YDNA on descendants prove not related.

Isaiah (1735-1818)--The only documented relative through YDNA and a Dorchester, Maryland background.

Jane (1735) --Birth the same year as Isaiah, a documented son of Isaac. Married in a different county than where Isaac lived. No known connection to Isaac.

John (1743-1784)--YDNA on descendant proves not related.

James (1758-1803)--Brother to the John who died in 1784 in Rowan.

Barnabus (1745-1820)--YDNA on descendant proves not related. YDNA shows the three above are related.

Isaac (1746-1810)--This info came from tombstone on Barnabus Payne's farm. Had initials “I. P.” with no name on stone, He is an unknown person. Isaac, Sr.'s son, Isaac, Jr., died in 1801 in Rowan, North Carolina with his brother, John as administrator of his estate.

Enoch (1755-1794)--No evidence to connect to Isaac or Maryland.

Joshua (1755-)--No evidence to connect to Isaac of Maryland.

Charles (1755--1803)--These last three are related, but there is no evidence to connect them to Isaac of Maryland.

The four sons named in the profile can be tied to Isaac and/or Caroline County, MD through historical documents and/or YDNA on descendants.

1790 Caroline, Maryland Federal census, Sarah Pain is listed as the head of household with separate listings for Isaac Pain, Jr. and John Pain. Isaac, Sr. is probably infirm due to his age.

1776 Caroline Colonial census lists an Isaac Pain, but it mainly counts those age 50 or under so Isac Pain, Jr. with young children is the one listed. Isaac, Sr., born ca 1710, was too old to be listed. John Payne did not marry until 1778.

The 1800 Rowan, North Carolina Federal Census frequently cited for Isaac, Sr. shows children that correspond to the 1790 Caroline, Maryland listing for Isaac Pain, Jr. At age 80 to 90, Isaac, Sr. was probably too old to travel from Maryland to North Carolina in the 1790's with his sons, Isaac, Jr. and John Payne. Isaac, Jr. has only one son born after 1775 listed on the census. His brother, John Payne, has eight males born after his 1778 marriage.

Dick Payne rpaynegen@yahoo.com

Isaac Payne, Sr.^[1][2]

Born 1713 St. Mary's County, Maryland. ^[3]

Died 1757 Rowan County, North Carolina?. ^[4]

Event: Note 1733 land deeded to in Queen Ann; sold 1742.

Marriage Husband Isaac Payne. Wife Sarah Daulton. Child: Isaiah Payne. Marriage ABT 1730. Maryland^[5]

• Source: S03212 The Church of Jesus Christ of Latter-day Saints, Ancestral Files-Marcia Renee Carmichael Data Submitted By: Marcia Renee Carmichael Publication: Submission Search: 1065676-0309101151704, Compact Disk #26 Repository: Note: #NS32123 Call Number: Media: Electronic

No NOTE record found with id NS32123.

• Source: S03223 @@RootsWeb's World Connect Project: Family Ties Jay Thompson: chahtabear@@aol.com Publication: http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=SHOW&db=familyties Repository: Note: #NS32233 Call Number: Media: Electronic

No NOTE record found with id NS32233.

Questions, concerns, documentation?

Dick Payne rpaynegen@yahoo.com

Sources

1. ↑ Source: #S03212 Pin #38625
2. ↑ Source: #S03223
3. ↑ Source: #S03212
4. ↑ Source: #S03212
5. ↑ Source: #S03212