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Will of Jane Johnstone Martin

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Date: [unknown] [unknown]
Location: Colony of Virginia, Americamap
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This page supports content on the profiles for Jane Johnstone Martin and John Awbrey.

Janet Ariciu’s research page for Jane Johnstone Martin provides the following information. It includes what seems to be an excerpt of Jane Martin’s will and an explanation of daughter Elizabeth. (formatting has been added)


the will of Jane MARTIN, widow, dated 2 Feb. 1676, Copeley Parish, Westmoreland Co., VA. She says,

"Unto my daughter Jane JOHNSTONE my plantation...If it should please God to take from this life my daughter Jane before she is marryed or comes of age or dieing without issue, the estate to fall into the possession of John AWBREY and James Gaynor. Unto my daughter Elizabeth PAIN to the value of fourty shillings...John AWBREY being a liver att my house shall there remain without opposition during the finishing of this crope (sic) or longer as he may find to his conveniencey and not to admitte of any person to dwell upon the plantation without consent from what estate I have willed unto my daughter Jane. (signed) Jane (hF) MARTIN."
Proved 16 May 1677.

"John Payne Jr. was married before 1676, because at that date his mother-in-law, Jane Martin, left a will naming her daughter as "Elizabeth Pain."

This woman Elizabeth is often called Elizabeth Awbrey, but that is incorrect. The confusion comes in because Elizabeth had a sister named Jane who married John Awbrey, a man old enough to be the girls' father. With a mother called Jane & daughter called Jane, a man much older than his wife, and the fact that John Awbrey was mentioned in mother Jane's will--all that taken together resulted in an incorrect assignment of John & Jane Awbrey as Elizabeth's parents.

However, mother Jane Martin's will makes it clear that her daughter Elizabeth is married to a "Pain" and that daughter Jane Johnstone is underage. (John Awbrey appears to be an overseer or something to that effect, and is mentioned in the will. His exact relationship to the family is unclear, but he is obviously not Elizabeth's father.)

Assuming that married daughter Elizabeth is older than underage daughter Jane Johnstone, I have also *assumed* that Elizabeth was a Johnstone (rather than a Martin).

Jane JOHNSTONE (the daughter) was underage when her mother died and left the plantation to her. John AWBREY was a adult and an overseer on that plantation. After Jane, the mother, died, Jane JOHNSTONE, the daughter, and John AWBREY married despite the age difference of perhaps 20-odd years. Did she have much of a choice?

Jane (the mother's) name MARTIN must have come from her second marriage, after having first married a JOHNSTONE. So she would have been: Jane (maiden name?), 1st marriage to Mr. ______? JOHNSTONE and then 2nd marriage to Mr. ______ ? MARTIN.

This was not on the internet, it was from will books of Westmoreland Co., VA., although still not originals.

I have no other info about Elizabeth Pain/Payne. Jane Johnstone sister Elizabeth married John Payne.





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