James Payne
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James Payne (1760 - 1842)

James Payne
Born in Bedford County, Colony of Virginiamap
Ancestors ancestors
Son of and
Brother of , , , , , , , , , and
Husband of — married [date unknown] [location unknown]
Husband of — married 29 Nov 1802 in Bedford Co. VAmap
Descendants descendants
Father of , , , , , , , , , , , and
Died at age 81 in Bedford, Virginia, United Statesmap
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Profile last modified | Created 22 Sep 2010
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Contents

Biography

This profile is part of the Payne Name Study.

James Payne was born in 1760 and died in 1842.

Research Notes

They have a William being born 1812...not 1841...?

This appears to be James and his wife and have, like his Will states, several grandkids with their mother living with them.
1820 Southern District, Bedford, Virginia
HEAD of Household Name James Payne
Free White Males: -10=2 / 10-16=2 / 45+=1
Free White Females: -10=4 / 10-16=1 / 16-25=1 / 25-45=1
Blacks: 2
Page 93
Citing this Record
1840 Southern District, Bedford, Virginia
Name James Payne
Free White Males: 20-30=1 / 70-80=1
Free White Females: -5=1 / 5-10=1 / 15-20=1 / 20-30=4 / 50-60=1
Page 237
Citing this Record
From: rootsweb.com TREE Brock, Jones, Tomlinson and Vestal
WHO has a copy/paste of the WILL.........
Contact: Tom Brock
ID: I599679069
Name: James PAYNE
Birth: 1760 in Franklin County, Virginia
Death: 1842 in Bedford County, Virginia
MARC: 29 Nov 1802 Bedford County, Virginia
Note: " James was first married to Amy (last name unknown) and had at least two children by her.

Their first child, Jubal, was born prior to their marriage (December 8, 1787) and is even referred to as "illegitimate" in James' Will. Their second child, Nancy, was born in 1789. It is unknown whether Amy died or whether they divorced. James married Sarah 'Sally' Anderson on November 29, 1802 and they had 12 children together.

The first recorded land purchase for James in Bedford County, Virginia was May 20, 1788. It was for 16 acres and was purchased from John Dollar. This is approximately the time he married Amy.

James' Will was written in Bedford County, Virginia on December 31, 1841 and proven in November 1842.

"In the name of God Amen. I, James Payne, of the County of Bedford and the State of Virginia being at present in health and disposing mind and memory but considering the uncertainty of this mortal life do make and ordain this my last will and testament in manner and form following.

First and principally I commend my soul to God who gave it and my body do commit it to the earth to lie decently intended at the discretion of executor unless I shall hereafter give other discretions respecting the same as to such wordly estate as God of His goodness hath bestowed upon me. I give and dispose of in this manner hereinafter mentioned, that is to say, in the first place all my just debts are to be paid out of my estate and in the second place it is my wish and desire that my wife Sally Payne shall live upon and enjoy the balance of my estate after paying my debts her life time for a support to her and such of her children as are now with her and such as may remain with her unmarried including Jane Richardson and her children as long as she continues sepearated from her husband Washington Richardson from whom she has been compelled to seperate in consequences of his ill treatment of her and after the death of my wife Sally Payne the whole of the balance of my estate both real and personal I will bequeath to those of my daughters whose names follows, That is to say

  1. Jane,
  2. Elizabeth,
  3. Lucinda,
  4. Louisa,
  5. Margaret and
  6. Lucy

to be divided equally among them but should my first named daughter Jane go back to her husband and take up with him and live with him I hereby declare and will that she shall forfeit her interest herein before provided for her and the whole of my estate or the balance of it after paying divided among my other named daughters Elizabeth, Lucinda, Louisa, Margaret and Lucy. As to my other children I shall name them and assign reasons for not making any provisions for them in this my last will and testament;

  1. Jubal Payne - an illegitimate son is well off and needs no assistance.
  2. Nancy Payne - who intermarried with Robert Harrison I have done for he all I am able to do in justice to younger children.
  3. William Payne - deceased, I have done as much for him in his life time and for his children as I am able to do, in fact they were for a considerable time a heavy charge upon me.
  4. James Payne - I have done all for him I am able to do.
  5. Joseph Payne - I have also done as far as I am able to do.
  6. John Payne - I have also done as much for him as I am able to do.
  7. And for my youngest son, Braddock Payne, has already cost me more than I am able to give any the rest of my children and therefore can not reconcile it to any consciences to give him anything more.

And I hereby constitute and appoint my wife, Sally Payne, sole executor or executive of this my last will and testatment hereby annulling all wills by me at any time heretofore made. In witness whereof I the said James Payne have this day set my hand and seal to this my last will and testament 31st day of December in the year of our lord one thousand eight hundred and forty one."

'X' (mark of James Payne)

Signed, sealed, published and declared by the said James Payne as and for his last will and testament in the presence of us who at his desire and in his presence have hereunto subscribed in manner as witnesses.

Edwin Pate
Matthew Bandy
William Basham
Father: Joseph PAYNE b: 1725 in Bedford County, Virginia
Mother: Phoebe OFFILL b: 1734 in Henry County, Virginia

Marriage

2) Spouse: Sarah 'Sally' ANDERSON b: 1774 in Virginia
Date: 29 Nov 1802
Place; Bedford County, Virginia

Children

  1. Elizabeth PAYNE b: Abt 1804 in Bedford County, Virginia
  2. William PAYNE b: 1803 in Bedford County, Virginia
  3. James PAYNE b: 1805 in Bedford County, Virginia
  4. Joseph PAYNE b: 1806 in Bedford County, Virginia
  5. Phoebe PAYNE b: 02 Jul 1807 in Bedford County, Virginia (Phoebe is NOT mentioned as a child in the father's will only 13 children)
  6. Braddock PAYNE b: 1816 in Bedford County, Virginia
  7. Jane PAYNE b: 1814 in Bedford County, Virginia
  8. John PAYNE b: 1815 in Bedford County, Virginia
  9. Lucinda PAYNE b: 1817 in Bedford County, Virginia
  10. Louisa PAYNE b: 23 Dec 1819 in Bedford County, Virginia
  11. Margaret Martha PAYNE b: 1820 in Bedford County, Virginia
  12. Lucy PAYNE b: 1823 in Bedford County, Virginia
By Amy _______________
  1. Jubal PAYNE b: 8 Dec 1787 in Franklin County, Virginia
  2. Nancy PAYNE b: 1790 in Franklin County, Virginia
2) Amy UNKNOWN b: Abt 1765 in Virginia
Date: 1786 in Franklin County, Virginia
Virginia Deaths and Burials
Name Lucy J. Webb
Death Date 09 Mar 1884
Death Place Bedford County, Virginia
Age 61
Birth Date 1823
Birthplace Bedford Co., Va.
Marital Status Married
Spouse's Name William Webb
Father's Name James Payne
Mother's Name Sallie Payne
Citing this Record
Another rootsweb tree adds a little more info.
From rootsweb.com Kentucky Roots
Contact: Linsing
ID: I78180
Note: [1]

"The subject of the dispute over Joseph Payne's will was that he apparently had a deathbed change of heart and willed all of his property to one son, James Payne, rather than the equal distribution to all of his children that he had previously mentioned. Joseph's other children were Thomas Payne, Joseph Payne, John Payne, Obadiah Payne, Barnett Payne, Lucy Stanley, Betsey Crabtree, Susannah Slinker, Nancy Brown, and Dicey Brown, and all received one dollar apiece."

Marriage

1) Spouse: Female Chaffin b: AFT 1770 (known as: Amy)
2) Spouse: Anny wife of James Payne b: BET 1765 AND 1770
Date: BEF 1798

Birth

ABT 1760 --Born between 1760-1770

Census

1810 Franklin Co., Census showed James was over age 45 which places his born bef 1765

Property

James owned land on both sides of the Staunton River in Bedford & Franklin Co's 12 MAY 1788 James purchased his first land in Bedford Co., VA

Death

BET 26 AUG AND 19 NOV 1842 Bedford Co., VA [1] James died between 26 Aug 1842 and 19 Nov 1842 when his will was proven in court

James was born about 1760. He passed away about 1842.

Sources

  1. ↑ Research by Anisah Haynes, 1/3/1998
  • "United States Census, 1840," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:XHBM-H1D : 2 March 2021), James Payne, Bedford, Pennsylvania, United States; citing p. 237, NARA microfilm publication , (Washington D.C.: National Archives and Records Administration, n.d.), roll ; FHL microfilm .
  • From: rootsweb.com TREE Brock, Jones, Tomlinson and Vestal  :Contact: Tom Brock rootsweb
  • The WILL --"written in Bedford County, Virginia on December 31, 1841 and proven in November 1842."
  • "United States Census, 1820," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHLC-TX6 : accessed 15 December 2017), James Payne, Southern District, Bedford, Virginia, United States; citing p. 93, NARA microfilm publication M33, (Washington D.C.: National Archives and Records Administration, n.d.), roll 133; FHL microfilm 193,692.
  • "United States Census, 1840," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:XHBM-H1D : 8 September 2017), James Payne, Southern District, Bedford, Virginia, United States; citing p. 237, NARA microfilm publication M704, (Washington D.C.: National Archives and Records Administration, n.d.), roll 550; FHL microfilm 29,683.
  • "Virginia Deaths and Burials, 1853-1912," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:X5R5-SJS : 12 December 2014), James Payne in entry for Lucy J. Webb, 09 Mar 1884; citing Bedford County, Virginia, reference p 112 line 58; FHL microfilm 30,600.
  • rootsweb.com TREE Sources: Title: Ancestry Family Trees -- Publication: Name: Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.; Repository: Name: Ancestry.com -- Page: Database online. Text: Record for Joseph Payne




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DNA Connections
It may be possible to confirm family relationships with James by comparing test results with other carriers of his Y-chromosome or his mother's mitochondrial DNA. However, there are no known yDNA or mtDNA test-takers in his direct paternal or maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with James:

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Images: 6
census
census
census
census
Marriage record bet James Payne & Sally Anderson
Marriage record bet James Payne & Sally Anderson
Will for James Payne, part 1
Will for James Payne, part 1
Will for James Payne, part 2
Will for James Payne, part 2
view all


Comments: 2

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Wheeler-13722 Kristina Wheeler
Payne-189 and Payne-15427 appear to represent the same person because: Clear duplicate
posted on Payne-15427 (merged) by Kristina Wheeler
Taylor-25258 Carole Taylor
NEW SUGGESTION..........

James Payne (126986251)

Suggested edit: The Will you put on James Payne's Memorial Page is incorrect and does not give the daughter's correct names. (so I get that she is saying James made his WILL incorrectly, not that I put the wrong WILL on this profile) (IN answer to "never posted anything about James Payne for the simple reason there is no proof that he married Amy Chaffin."-- And does that mean they never lived??? So YES, I have proof that my ancestor James Payne lived.. whether he married a lady Amy Chaffin or not does not mean to leave them out of MY family tree. Just like I have done make it needs a source!)

This is the correct Will and if you need proof look on Bing or Google and it will prove that he had a daughter named Elizabeth which you omitted when you put it on Find A Grave. Elizabeth Mae Payne was my 3rd Great Grandmother and I have been doing genealogy for over 20 years and Sarah Anderson was her Mother. I never posted anything about James Payne for the simple reason there is no proof that he married Amy Chaffin. It says on the interenet they thought he was married twice but no proof. And he did marry Sarah " Sally" Anderson. Also he omitted putting in his will three other children one was William Payne which could have been a son of Amy Chaffin. Another daughter not mentioned in his will was Phebe Ann Payne, and Mary Alsy Payne she married Churchwell Newnham. Phebe married Richard Ferguson and William Payne was married to Elizabeth A Anderson. Reason I said could have been a child of Amy Chaffin because everyone has him being born in 1802 and he married Sarah Anderson I think in November 1802. There is so much controversy on James Payne first reason because of his father Joseph Payne's Will. I just hope you put the correct Will on James Payne's Memorial, he was the father and grandparent of hundreds of families that descended through his linage. Thank you, Donna Sutliff #46786711 =

James' Will was written in Bedford County, Virginia on December 31, 1841 and proven in November 1842.

"In the name of God Amen. I, James Payne, of the County of Bedford and the State of Virginia being at present in health and disposing mind and memory but considering the uncertainty of this mortal life do make and ordain this my last will and testament in manner and form following.

First and principally I commend my soul to God who gave it and my body do commit it to the earth to lie decently intended at the discretion of executor unless I shall hereafter give other discretions respecting the same as to such wordly estate as God of His goodness hath bestowed upon me. I give and dispose of in this manner hereinafter mentioned, that is to say, in the first place all my just debts are to be paid out of my estate and in the second place it is my wish and desire that my wife Sally Payne shall live upon and enjoy the balance of my estate after paying my debts her life time for a support to her and such of her children as are now with her and such as may remain with her unmarried including Jane Richardson and her children as long as she continues seperated from her husband Washington Richardson from whom she has been compelled to seperate in consequences of his ill treatment of her and after the death of my wife Sally Payne the whole of the balance of my estate both real and personal I will bequeath to those of my daughters whose names follows, That is to say Jane, Elizabeth, Lucinda, Louisa, Margaret and Lucy to be divided equally among them but should my first named daughter Jane go back to her husband and take up with him and live with him I hereby declare and will that she shall forfeit her interest herein before provided for her and the whole of my estate or the balance of it after paying divided among my other named daughters Elizabeth, Lucinda, Louisa, Margaret and Lucy. As to my other children I shall name them and assign reasons for not making any provisions for them in this my last will and testament; assign reasons for not making any provisions for them in this my last will and testament; Jubal Payne - an illegitimate son is well off and needs no assistance. Nancy Payne - who intermarried with Robert Harrison I have done for he all I am able to do in justice to younger children. William Payne - deceased, I have done as much for him in his life time and for his children as I am able to do, in fact they were for a considerable time a heavy charge upon me. James Payne - I have done all for him I am able to do. Joseph Payne - I have also done as far as I am able to do. John Payne - I have also done as much for him as I am able to do. And for my youngest son, Braddock Payne, has already cost me more than I am able to give any the rest of my children and therefore can not reconcile it to any consciences to give him anthing more. And I hereby constitute and appoint my wife, Sally Payne, sole executor or executive of this my last will and testatment hereby annulling all wills by me at any time heretofore made. In witness whereof I the said James Payne have this day set my hand and seal to this my last will and testament 31st day of December in the year of our lord one thousand eight hundred and forty one."

'X' (mark of James Payne)

Signed, sealed, published and declared by the said James Payne as and for his last will and testament in the presence of us who at his desire and in his presence have hereunto subscribed in manner as witnesses.

Edwin Pate Matthew Bandy William Basham

(citation needed) Contributor: Donna Sutiff (46786711) • [email address removed]

posted by Carole Taylor

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