Descendants of Joseph Payne
Contributed by Jerald
Wilson
Bedford County, Virginia
Reprinted with permission
Joseph Payne is the earliest ancestor that we've been able to identify to this point in our research. He was born about 1720 to 1725 the exact date and place is still unknown as are the names of his parents. We only know the first name of his wife which was Phoebe, her origins also remain unknown.
The first record we find on Joseph is in 1760 when he entered a survey on Jumping Run in Bedford County Virginia. On 10 March 1775 another survey for 340 acres was made which encompassed the original 75 acre survey of 1770 for a total of 415 acres. Joseph resided in Bedford County during the Revolutionary war and while here he furnished the commonwealth of Virginia with 400 pounds of beef. For this patriotic service he was awarded 415 acres of land 4 Jan 1796. (These transactions present a puzzle because of their sequence and quantities. It appears the same land is entered in 1770, 1775 partially sold {238 acres} in 1777 and then given to Joseph again in 1796, obviously we've missed other documents or there were several different tracts involved.)
Joseph died between 27 Jun 1803, when he wrote his will and 24 Sep 1803 when Probate was began on his will. Phoebe apparently preceded him in death because no mention was made of her in his will or the court proceedings that followed.
Issue of Joseph and Phebe Payne;
I place his marriage to Elizabeth Slinker about the year 1777 but it could have occurred earlier. The first record we've found so far is in Sumner County D.B. 1 page 89 where on 13 Jun 1794 he purchased 179 acres on the middle fork of Red River from Phillip Trammel. In Oct of 1796 he served of the Petit Jury of Robertson County, Tennessee. In 1812 he was living in the Military District of Captain Yates.
It is believed that his wife Elizabeth preceded him in death because she is not mentioned in any of the affairs of his estate, Joseph died between March and June of the year 1818. The following deeds are all recorded in Robertson County, Tennessee. D.B. N page 297, Joseph to his son Gideon Payne. D.B. "N" page 269, 11 Mar 1818 Joseph to his "son-in-law" David West 160 acres. D.B. "O" page 231, 18 Jul 1919 the heirs of Joseph Payne sell 96 acres to Enoch Holman, part which were the 70 acres that Joseph resided on. D.B. "O" page 232 dated 18 Jul 1818 the heirs of Joseph Payne sell to Enoch Holman 119 acres on the Red River. R.B. 5 page 148 Warren and Gideon Payne appointed administrators of Joseph Payne estate. R.B. 5 page 205 inventory and sale of Joseph's estate.
The following are some of his known children, perhaps these were all he had but it is possible he had more. They are listed in no particular order: Gideon Payne b. 12 Nov 1786 in Virginia, d. 11 Nov 1873 in Robertson, County m. 1st Miss Gambrell, 2nd Annis Kilgore Strother. Solomon Payne b. 15 Jul 1789 in Robertson County, d. 28 Feb 1869 in Robertson, County, m. 1st Elizabeth Reed, m. 2nd Nancy Reed Farmer. Ephriam Payne, m. Catherine ____________ whom I Believe to be the Caty mentioned as one of the heirs of Joseph Payne. In 1813 Catherine Payne the widow of Ephraim Payne was appointed to administer his estate. In Aug 1796 Ephraim was the first attorney licensed in Robertson County and in 1811 he was appointed to the Board of Trustees of Liberty College in Springfield, Tennessee. Phoebe Payne, b. about 1777-78 in Virginia. James Payne, b. about 1785, d. 4 Mar 1830 in Robertson County Tennessee, m. Possibly a Leah ________ in Virginia. Elizabeth Payne b. about 1790 in Robertson County, Tennessee, d. 13 Nov 1850 in Robertson County, Tennessee, m. Warren Payne, her 1st cousin the son of John Payne. A female Payne who married David West.
In the year 1773 he and his brother in law, Richard Oney were among the first settlers in the Deskins Valley area of Tazwell County, Virginia. In 1780 he was charged with a felony in Bedford County, Virginia. The complainant alleging that he had taken a horse and some other property. This was one of several court cases that involved Obediah Payne between 1780 and 1797 in the State of Virginia.
In Russell County, Virginia on Nov 2 1781 there was an entry made in Land Entry Book One, page 53, for 150 acres on the Clinch River, Tazwell County for Obediah Payne. This was part of Treasury Warrant #7844 and is mentioned in Benjamin Oney's will in Tazwell County Virginia.
It is believed that Obediah Payne left the Russell County area about 1797 or shortly thereafter and went to Knox County, Kentucky. He was definitely in Knox County in 1800 as he received a bounty for a wolf scalp sold there. Obediah left no will when he died in 1818 and he is buried at the Martin Cemetery on the Old Payne Martin Place, Bimble Hinkle Road in Knox County, Kentucky. Only an unmarked stone however marks his burial place. His wife Jemima died about 1820 and is buried there also.
James and Sally were the parents of several children, Jane, Lucinda, Louisa, Margaret, Lucy, William, James, Joseph, John and Braddock. A daughter Nancy is possibly a daughter from a previous marriage she was born in 1790 and her 1st child was born in 1812 (is mentioned in his will as his daughter) and Jubal, a illegitimate son per his will.
In the will of Joseph Payne all his property was left to his son James. This was contested by James brothers Barnett and Thomas and his brother-in-law Aaron Brown the husband of their sister Nancy. It seems they were of the opinion that James had committed fraud and that it was never the intent of Joseph to leave everything to James. Several depositions were taken in regards to the validity of the will and it was ordered by Bedford Court that there was apparent fraud on behalf of James and that the will ought not be recorded. This decision was appealed by James to the District Court in Franklin County and here he received a favorable decision.
James remained in the Bedford and Franklin County Virginia area until his death in 1842. His last will and testament was probated in Bedford Court in 1842.