Joseph Payne Probate transcriptions

Date: 2 Jan 1836 [unknown]
Location: Union, Kentucky, United States
Surnames/tags: Payne Paine

Union County, Kentucky, Will Book A, p. 510-512, Images 267-268
In the name of God Amen, I Joseph Payne of Union County Ky. being in a low state of health but of perfect mind and memory, thanks to Almighty God for this blessing, calling to mind the mortallity of my body, knowing that it is appointed for all men and to die, do ordain and establish this my last will and testament.
First. I recommend my soul to God that gave and my body to the grave to be buried in a christian manner at the discrestion of my Executors here after named. And as to my wordly estate wherewith it has pleased God to bles me in this life. I bequeath and dispose of in the following manner, viz.
I bequeath to my beloved wife Sarah Payne all my Estate, real and personal of every description just as I hold it with these exceptions viz that my daughter Margret Proctor and her three children is to live with her and to be supported from the Farm and Negros during the lifetime of my wife. Also it is my Fifty Dolers is to be appropriated for their use and benefit of the catholic church under the control and management of the Revend Elisha Derben and his successor in our church. Also it is my will that my wife keep in her own possession Lewis, Tresy his wife and Peter Levi Mary and Noah. Any of the other negros she is at liberty to bestow their service to one of her children or hire them at her discretion.
It is also my will that my wife having the raising of Margret Proctors three children, should send them to school at the proper age to be bennifited by the same, that their father aloted for their Education, say from twelve to fifteen years of age. It is also my will that all the money my wife may make over and above what she sees proper to live on, She is at liberty to leave it by her will at her death to whomsoever she chuses. Further it is my will that at her death, that all my Negros and their increase be divided equally among all my children, but its in case to be sold, They are to be so divided that Lucy and Trecey his wife must not be parted but to be allotted to one of my children.
Also it is my will that any land and plantation go to some one of my children, and not sold out of the family. Also at my wifes death, all my stock of horses that is there on hand together with all the cattle, sheep and hogs, with all other moveable property be sold and the money arising to be equally divided among my children, viz George Payne, John, Henry, Mariah Horsmon and Martha Clements, after on hundred Dollars is set apart for each of my three Grand children, George Proctor, Rachel Proctor and William Proctor, which sums is to remain in the hand of my wife for them until they are fifteen years of age and if she should die before that period she will leave it in her will who is to control it for them. It is also my will that my wife appropriate any, all or any part of the sa sums that I leave to my said Grand children to compleat their Education after they are taught as far as mentioned in their fathers will. It is to be understood distinctly that the Fifty Dolers above mentioned that I leave to the church is to be applied exclusively for masses for me after my death. It is my will also that my wife Sarah Payne leave out of the proceeds of my Estate Fifty Dolers for masses to be said for her after her death.
Lastly I appoint my Sarah Payne Executrix and George Payne my Executor to this my last will and testament.
In Testimony whereof I have hereunto set my hand and affixed my seal this 2nd day of January 1836.
Joseph Payne

Test

Hugh McElroy

Charles Ramsay

Gibson B. Taylor

Schedule to this last will
My will is that all the divition of my Negroes after the death of my wife it is to be distinctly understood that the part that falls my three sons George, Henry and John Payne is to be considered their property during each of their lives and at the death them and their increase to decend at their children and the part that falls to Mariah Horsman is to be considered sa Hosman’s property during the life of his wife Mariah, and at her death they desend to her children. Also the part of the Negroes that falls to my daughter Martha Clements is to be considered the property of Walter Clements during the life of his wife and at her death they are to descend to her children. Also it is my will that the proration made for my daughter Margret is only to extend to victuals and lodging during her life and not the clothing withon my wife chooses to give either a garment when she have it to spare also the part of the negroes to fall to Margret Proctor to be hers during her life and at her death to desend to her children.
Joseph Payne

Test

Hugh McElroy

Gibson B. Taylor

At a County Court holden in Union County at the Courthouse in Morganfield on the 16th day of January 1836. This last will and Testament of Joseph Payne deceased was produced in Court and proven by the oaths of Hugh McElroy and Charles Ramsay, two of the subscribing witnesses thereto. And the codicil thereto was also proven by the oath of Hugh McElroy one of the subscribing witnesses thereto who made oath, also, that Gibson B. Taylor the other subscribing thereto signed his his name as a witness thereto in his presence and in the presence of one Testator and thereupon the said will and codicil were ordered to be recorded. Attest James R. Hughes, Clk

Union County, Kentucky, Will Book B, p. 88-89, Image 49
An Inventory and appraisement of the estate of Joseph Payne dec’d.

1 Cupboard & furniture $25

1 Square Table $1

4 Beds & furniture $25 each: $100

1 Truk $1

13 Split bottom chairs: $5.25

1 Wooden Clock $20

1 Dining Table $5

1 Dressing Table $1.50

2 Looking Glasses $1

lot of books $5

1 Sugar desk $8

2 Counterpains & one Quilt $10

8 Table Cloths $6

1 lot of shoe tools $1.50

1 Flax Hickle $3

lot of Castings $10

4 pair pot hooks, rack & frying pan $3.50

1 lot stone ware $1.50

lot wood ware $1.50

1 Iron mortar $0.50

3 pair of plough gear $6

Log chain & lot old iron $6

Crosscut saw $0.50

2 iron wedges $1

2 saws and squar $1.75

1 Box Tools $6

pair smoothing irons $0.75

4 Augins $0.75

Wheat & meal seive $1.25

Lot of old barrels & c $2

Lot of axes & Frow $10

Stretchers & Singletrees $2

Pair of steelyards $0.50

Iron Pitchfork $0.50

2 Cotton Wheels $1

4 hoes & trowel $1.50

1 Mans saddle $1.50

lot of tinware $1

Waggon $80

6 ploughs $15

Scythe & Cradle $2.50

350 bushels corn @ 25: $87.50

31 head of hogs $55

3 sows & pigs $17

1 Bay Mare $40

1 Sorrel Mare $60

1 Sorrel Mare $65

1 Bay Horse $65

1 Bay Colt $25

1 Yoke of Oxen $50

1 Bull $12.50

1 Pole headed Cow $12.5

1 Black Cow $10

1 Red x white Cow $13

2 Brindle Hiffers $15

1 Brindle Steer $10

3 yearlings $15

4 yearlings $8

25 sheep $40

Negro Lewis $1000

Negro Teresa $800

Negro Henry $500

Negro Cy $450

Negro Alfred $400

Negro Emilly $200

Negro Paul $100

Negro Peter $1000

Negro Levy $800

Negro Mary $600

Negro Noah $700

Negro Amandy $450

Negro Harriet $300

23 Geese @ 25: $5.75

Agreeably to an Order of the Union County Court we the undersigned Commissioners met this day on the premises & being first sworn proceeded to appraise the estate of Jos. Payne dec’d. A list of which is hereby reported & respectfully submitted. Feby 22d 1837

Hugh McElroy

Charles Ramsay

P Clements

Union County Sct.
Charles Ramsay, Hugh Mc Elroy & Patrick Clements who were appointed by the Union County Court to view & appraise the estate of Joseph Payne dec’d this day personally appeared before the undersigned a Justice of the peace for said County & were sworn to view & appraise such estate as should be produced to them justly & truly to the best of their Judgment. Given under my hand this 22d of February 1837. Thos. S. Chapman J.P.

At a County Court holden for Union County at the Court house in Morganfield on the 15th day of July 1839 This inventory & Appraisment of the estate of Joseph Payne dec’d was returned into Court by the Coms. & was by the Court ordered to be recorded.
Attest James D. Hughes C. U. C. C.

Union County, Kentucky, Will Book C, p. 62-64, Image 315-316
Joseph Payne dec’d, Settlement of Exc’r
George Payne Executor of Joseph Payne deceased
In ase with said Estate

To balance one on last settlement made with commissions in July 1848: $818.01

$818.01

To amt left in your hands for William Proctor $100.00

Balance due estate $655.30

By cash returned for under? No. 1 $3.375

By cash paid DGB Taylor No 2 $2.50

By cash paid JM Smith No 3 $1.00

By cash paid WS Hughes No 4 $2.50

By M. for ??? ?? settlement $1.25

By M. commissions for making settlement $3.00

By commission ?????

$818.01 at 6 pr ct $49.085

By amt due William Proctor under will left in your hands  ??? $100.00

Due estate balance $655.30

$818.01

Dr. George Payne Executor of Joseph Payne dec’d
In afc with James Herman & wife late Maria Payne
To 1/5 of $655.30 Balance due Estate 131.06 By cash pd for Voucher No 1 133.00

Dr. George Payne Executor of Joseph Payne dec’d,
In afc with Walter Clements, also named Martha Payne
To 1/5 of $655.30 Bal your estate 131.06
To 1/5 int on same 14.52
$145.58
By Cash pd Voucher No 1 50.00
By cash pd Voucher No 2 95.58
$145.58

Dr. George Payne Executor of Joseph Payne
In asc with Henry Payne on of the heirs
To 1/5 of $655.30 Bal due Estate $131.06
By Cash paid you per Voucher No. 3 $130.06

Dr. George Payne Executor of Joseph Payne Deceased
In asc with John B. Payne one of the heirs
To 1/5 of $655.30 Bal due estate $131.06
By Cash paid you per voucher No 4 132.00

Dr. George Payne Executor of Joseph Payne Deceased
In asc with George Payne one of the heirs
To 1/5 of $655.30 Bal due estate $131.06
By Cash amt returned in your hand $131.06

State of Kentucky, Union County
We the undersigned two of the Commissioners appointed by the County Court of Union County to state and settle the accounts of Executors Administrators & being called upon by Walter Clements one of the legatees of Joseph Payne deceased after having issued an summons against George Payne Executor of the last will and testament of Joseph Payne deceased met at the Clerks office of the Union County Court this day and then and there proceeded to state and settle the accounts of the Executorship of the estate of Joseph Payne dec’d as return stated all ??? is report fully submitted to the Court. Given under our hands this 17 day of August 1850
Thos. S. Chapman
James R. Hughes

Kentucky Union County Court
January term 1851
At a County Court begun and held for said county at the Courthouse in Morganfield on the 20th day of Jan 1841 the foregoing settlement of Geo. Payne Executor of Joseph Payne dec’d was produced this day in open court and ordered to be filed.
Attest Jeff Brown Clk, Union County Court

Kentucky Union County Court
March Term 1851
At a County Court began and held for said county at the Court house in Morganfield on the 17th day of March 1851 the foregoing settlement of Geo. Payne Executor of Joseph Payne deceased was produced in open Court this day examined approved and ordered to be recorded which is done accordingly
Attest Jeff Brown Clk, Union County Court

Union County, Kentucky, Will Book D, p. 76-81, Images 43-45
[Household items, farm implements, tools and stock were itemized with sale price and purchaser listed. No slaves were part of this list.]
F. Wathen Clerk

Horses sold by George Payne as Executor of Joseph Payne deceased to rase moneys to pay for George and Ratchel Proctors tuition as left them by Joseph Payne will and sold inn Sarah Paynes’ lifetime. 1 Bay mare sold to George W. Whitecotton for $70 inn the year 1843. One Sorrel horse sold to J. B. Payne for $50 inn 1845. One Bay mare sold to Margaret Proctor for $43.86 cts. One Bay horse sold to Henry Payne for $40.
George Payne Exor of J. Payne

At a County Court holden for Union County at the Courthouse in Morganfield on the 15th day of November 1847. This List of Sales of the estate of Joseph Payne deceased was returned into Court by the Executor and was by the Court ordered to be recorded which was done accordingly
Attest Samuel R. Hughes C. U. C. C.

Union County, Kentucky, Will Book D, p. 149, Images 79-80
Payne, Joseph Exor Settlement
Dr. George Payne Executor of Joseph Payne Deceased In aso accts said estate
[column 1]

To cash rec’d of G. W. Whitecotton for Horse $70.00

“ do “ of Geo. B. Payne for do. 50.00

“ do “ Margaret Proctor for do 43.86

“ do “ Henry Payne for do 40.00

“ do “ at residence after dec??to of widow Sarah Payne 7.20

“ Amount of sales returned to County Court 912.79

[column 2]

By cash paid Dr. J. T. Berry voucher No 1 $34.50

“ do “ L. S. Waller & Co. “ “ 2 5.30

“ do “ Jas R. Hughes clk “ “ 3 7.585

“ do “ Sister Margaret Bamber “ 4 50.00

“ do “ W? Merenshunnary? “ 5 48.64

“ do “ Henry Gale “ 6 12.00

“ do “ Sheriff taxes “ 7 12.82

“ do “ Sister Elizabeth Suttle “ 8 50.00

“ do “ Margaret Proctor “ 9 51.36

“ do “ Lyman & Geugrin “ 10 2.00

“ do “ Commissioners for stin Settlement 3.00

“ commission on $277.205 at 6 per cent rec’d and distributed 16.635

“ cash paid on retained by Geo. Payne voucher “ 11 12.00

Balance due estate $818.01

$1123.85

Union County Sct.
Mr. Willis G. Hughs and Horace S. Chapman two of the Manditory Commissioners, appointed by the County Court of Union County to State and settle accounts of Executors Guardians viz being called on by John B. Payne issued a summons against George Payne the Executor of Joseph Payne Deceased to settle at the Clerks office in the Town of Morganfield his accounts as said Executor and said George Payne appeared according to said summons and settles his said accounts as above stated by which it appears that said Executor is indebted to said estate the sum of Eight hundred, eighteen dollars and one cent. All which is respectfully submitted this 5th day of July 1848
Willis G. Hughes
Hco. S. Chapman

At a County Court holden for Union County at the Courthouse in Morganfield on the 17th day of July 1848. This settlement of the accounts of the Executorship of the Estate of Joseph Payne Deceased was returned into Court by the Commissioners and was by the Court ordered to be filed. Attest James R. Hughes C. U. C. C.
At a County Court holden for Union County at the Court House in Morganfield on the 21st day of August 1848. This settlement of the accounts of the Executorship of the Estate of Joseph Payne Deceased was Examined and Approved by the Court and was by the Court ordered to be recorded which was done accordingly.
Attest James R. Hughes C.U.C.C.