John Payne and Elizabeth Litt
Contributed by Jerald
Wilson
Bedford County, Virginia
Reprinted with permission
John Payne the son of Joseph and Phoebe Payne of Bedford County Virginia was born in Virginia 17 Mar 1754 and died 14 Sep 1839 in Sumner County Tennessee and is buried on his original homeplace. Elizabeth Litt, his wife, died about May of 1847 in Sumner County and is presumed to buried in one of the unmarked graves beside John.
Although no documents have been found that specifically proves that John and his brother Joseph are the sons of Joseph and Phoebe of Bedford County Virginia, I feel the following strongly suggests such a connection. (1) The court records of Bedford and Franklin counties show that Joseph and Phebe had sons named John and Joseph. (2) A John Payne purchased 50 acres on the south side of the Stanton River from Turner Richardson in 1788. A Turner Richardson married the daughter of Thomas Payne a known son of Joseph Payne. (3) A John and his wife Elizabeth sold this land in 1798. (4) Joseph and Phebe owned land on the North side of the Stanton River. (5) A John and Joseph Payne enlisted in the 5th Virginia Regiment on the same date in Bedford County. (6) John stated in his application for a pension for the Revolutionary War that he resided in Bedford and Botetourt Counties Virginia. (7) John named children Joseph and Phoebe probably in honor of his parents. (8) Mary, a daughter of John and Elizabeth Payne married William Norvell in Botetourt County Virginia with her brother, Dudley, giving security. (9) Simpson, son of John and Elizabeth Payne stated in his application for a pension for the war of 1812, that he was born in Botetourt County Virginia.
To our knowledge John Payne was a farmer his entire life and he owned land in Sumner and Robertson County Tennessee. His original homeplace is in the area of Mulloys, Sumner County and on the Red River, the 4 grave cemetery was restored in 1985 and contains 2 stones, one for John and one for his daughter Sarah Johnson. It is believed the two unmarked graves are for Elizabeth, John's wife and the other for Sarah's husband. About fifty feet west of the cemetery is the remains of a stone fireplace which is the remains of the original cabin.
Issue of John and Elizabeth Payne;
Warren was very active in the early affairs of Robertson County performing many different activities for his neighbors. He was a Justice of the Peace for a number of years wherein he witnessed many deeds of trust in his community, he also performed several marriages one being the marriage of Bolivar Payne to Lydia Woodall in 1846.
The following is a partial list records where he is mentioned;
In 1812 he is listed in roster of John Strothers Military Company.
In 1818 in Sumner County Deed Book 4 page 89 he is a witness for a deed to
John Payne from Alexander Witherspoon.
In Robertson County Court Records Vol. 5 Page 148, Aug 1818 he along with Gideon
Payne is appointed to administer the estate of Joseph Payne.
In Robertson County Court Records Vol. 5 Page 205. He and Gideon Payne as
administrators of Joseph Payne (ab) estate, submitted an inventory and sale of his estate.
On 4 Mar 1830 he along with Simpson and Solomon Payne, Andrew West and Leah
Payne held an Estate Sale for the lately deceased James Payne, he being the son of Joseph Payne
and Elizabeth Slinker.
In 1834 he along with James S. Ellis and James Woodard were appointed to lay off
Robertson County into 15 Magisterial Districts.
Robertson County Deed Book 2 pages 392-393 dated 1 Dec 1837. He witnessed an
acknowledgment of debt between James Eubank and Albert Stewart.
Robertson County Deed Book 2 page 366 dated 9 Sep 1839. He purchased from his
father 114 acres 66 poles in District 1. Deed witnessed by S. H. Turner and Andrew West who
state they saw John Sr. sign same. This tract adjoined the 60 acre tract that follows.
1 Nov 1839 the Estate Sale of his father John Payne was held.
In Robertson County Deed Book 2 pages 402-403 dated 6 Nov 1840. Warren receives 60
acres in the 1st District on the Big Branch of the Red River from the State of Tennessee. Warren
was the assignee (meaning he purchased the rights) of Lewis Tilly who received a grant from
North Carolina for service during the Revolutionary War. It is this land along with the following
deed, where it is assumed he and Elizabeth are buried.
In Robertson County Deed Book 2 pages 403-404 dated 7 Nov 1840. He as the assignee
of John B. Chandler received 45 acres in District 1 on the waters of North Fork of Red River.
This land was adjacent to that of his brother Dudley and also that of John Payne, a brother.
In Sumner County Deed Book page 16-18 dated 29 Dec 1840. He, along with his brothers
and sisters sold their part in the home place of their father to their sister Elizabeth Crawford and
Joseph Payne.
In Sumner County Inventory and Settlement Book 1839-1842 pages 116-117. He
presented an accounting of the Estate Sale of his father, John Payne.
In Sumner County Court Book 2 page 199 dated 5 May 1843. Presented a final settlement
of John Payne's Estate.
In June of 1846 there are several Deeds recorded in Robertson County whereas the children of John Payne and Elizabeth Litt divide up the property of their parents. Most of these Deeds are dated 29 Dec 1840 but they were not executed until June of 1846. This indicates the children waited until their mother had passed away before dividing the Estate.
In 1847 Warren along with his son, Larkin, among others became Charter Members of Pleasant Hill Church holding their first meetings under a Brush Arbor.
Issue of Warren and Elizabeth Payne;
Elizabeth, b. 12 Jan 1810 in Robertson County, m. 8 Jul 1829 to Richard E. Williams, d. Feb
1896 at Wheeling, Missouri.
Theodocia, b. 5 Nov 1811 in Sumner/Robertson County, m. Daniel Corkran d. 25 Feb 1855 in
Sumner County (See the Daniel Corkran and Theodocia Payne
contribution for more information).
Perry b. 1 Jan 1819 in Robertson County, m. 24 Jun 1846 to Susan Tennessee Darden, d. 7 Jun
1889 in Robertson County.
Joseph, b. 1822 in Robertson County, never married, d. 16 Jul 1860 in Robertson County.
Dixon b. 1825 in Robertson County, m. Rebecca Darden, d. 18 Jul 1868.
William L. b. 1828 in Robertson County, m. Nancy Morris, d. 4 Oct 1860.
Nancy b. 1829 in Robertson County, m. Mr McGlothin, d. 20 Sep 1858.
Martha b. 1831 in Robertson, m. Jesse Gilbert.
Larkin b. 3 Sep 1831 in Robertson County, m. 1st 3 Jan 1855 to Olive Barry, m. 2nd 11
Jan 1860 to Susan Arnold, m. 3rd 24 May 1864 to Malinda Willis, d. 29 Nov 1903 in Robertson
County.
David b. 1835 in Robertson County, m. 1 Jan 1857 to Mary Ann Wright, d. 24 Jul 1860
in Robertson County.
Issue of Seaton and Theodocia Turner;
Elizabeth, b. 1838 in Sumner County. Married 24 Sep 1844 to William Decatur Payne son of
Gideon and Annis Payne.
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