Date: Fri, 13 Sep 2002 18:13:28 -0500
From: "John Payne" <johnpayne@alltel.net>
To: PAYNE-L@rootsweb.com
Subject: Re: GA Paynes
Samuel Payne is on the Daughters of the American Revolution Index as a private in the Battalion of Minute Men raised for the defense of Georgia by resolve of the Assembly, June 3, 1777. Later he was Justice of the Peace in Franklin County Georgia. He bought 160 acres in 1834 in Floyd County from the man who won it in the land lottery of 1832. He and his wife, Lucy Echols, (daughter of Benjamin and Sabra Hendrick Echols) had six children; John W. Payne (married Julia Hall in 1822), Benjamin W. Payne, Samuel T. Payne (married 1st Margaret McCracken in 1828, 2nd Elizabeth Richardson in 1860), Obadiah E. Payne (married Eliza Ayers in 1836), Patsey (married Charles Williamson) and Rhoda (married David S. Henslee in 1817). Samuel died in 1848.

WILL, LW&T of Samuel Payne being of advanced age and knowing that I must shortly depart from this world..........................
First I desire and direct that my body be buried in a decent and christian like manner suitable to my circumstances and condition......................
Second I desire that all my just debts be payed without delay by my executors hereafter named.........................
Third I desire that my beloved wife LUCY shall be well maintained and taken care of during her natural life out of the affect of my estate if she out lives me.
Fourth I desire a Eacal devision between my six children towit:
WILLIAM.......(this name is crossed out and would make a total of seven)
JOHN W. PAYNE
BENJAMIN W. PAYNE
SAMUEL T. PAYNE
OBADIAH E. PAYNE
PATSEY, the wife of CHARLES WILLIAMSON now decd
RHODY, the wife of DAVID S. HENSLEY
Sixth (no fifth) I constitute and appoint my beloved son BENJAMIN W. PAYNE and OBEDIAH E. PAYNE executors to this my last will and testament this May 19, 1847
Signed sealed declared and published by Samuel Payne as his last will and testament.................... this May 19, 1847
NB
Seventh I desire that SAMUEL T. PAYNE be payed two hundred dollars and twelve and a half cents out of the part of PATSEY WILLIAMSON, the wife of CHARLES WILLIAMSON deceased. A debt I assumed the payment of to SAMUEL T. PAYNE for the said WILLIAMSON to be taken out of his part of my estate....May 19, 1847

Signed: Samuel Payne
Witnesses:
Thos. S. Price
Doctor P. Funderburk
Isaac C. Funderburk
Presented by Obediah E. Payne to James U. Lister and Nathan Yarbrough, two justices of the inferior court of Floyd Co., GA., on August 19, 1848.
I Obediah E. Payne do solemnly swear that this writing contains the true last will of the within named Samuel Payne.........so help me god. September 4, 1848

• Married: BEF 1790

1. John William PAYNE b: 1788 in Franklin Co. GA
2. Patsey PAYNE b: ABT 1790 in Franklin Co. GA
3. Rhoda PAYNE b: 1793 in Franklin Co. GA
4. Benjamin W. PAYNE b: 1797 in Franklin Co. GA
5. Samuel T. PAYNE , Jr. b: 1802 in Franklin Co. GA
6. Obediah E. PAYNE b: 1804 in Franklin Co. GA