David S. Payne Genealogy

Entries: 25091    Updated: 2017-12-13 14:21:03 UTC (Wed)    Owner: David Payne

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  • ID: I00898
  • Name: John PAYNE , (2), *
  • Sex: M
  • Birth: AFT 1651 in Westmoreland. Co. VA
  • Death: 1698 in Westmoreland Co. VA
  • Note:
    See PAYNES OF VIRGINIA by Brooke Payne page 3

    See "Allied Families: Yowell" page 213 that shows this John Payne married Elizabeth Murphy.

    4 Issue of John Payne and Elizabeth Awbrey/Aubrey (Source: Indenture between William Payne Jr. and Francis Aubrey dated July 25, 1722 )

    "John left a will dated 1697 naming w. Elizabeth, and sons John and William. She was Elizabeth Murphy, dau. of Cornelius." p.3 "Paynes of Virginia" by Brooke Payne
    Westmoreland Co. VA Wills
    PAYNE, JOHN, 4 October 1697; 23 February 1697.
    Wife Elizabeth one-third of estate; sons John and William residue of estate.

    http://ftp.rootsweb.com/pub/usgenweb/va/westmoreland/wills/payne03.txt
    From: "Bob Meadows" <rwmeadows@charter.net>
    Last Will and Testament of John Payne / Paine Signed 4 October 1697 and proved 23 February 1697/98
    Westmoreland County, Virginia, Deeds and Wills Book 2 (1691-1699), pg. 128a-129
    In The Name of God Amen I John Payne being sick & weak in body, but in sound and Perfect memory praised be God for it, so make this my last Will as followeth; Imprimis I give and bequeath my Soul unto almighty God which gave it, and my body to the Earth from whence it came to be decently buried at the discression of my Exer; Imprimis I will that my Wife Eliza: Paine to have all my Estate untill the Debts is paid and what is remaining to be equally divided betwixt her and the Children; and the Children to remain with their mother till they are One and twenty years of age, and then to have their Estate, and as for my Land, to be equally divided betwixt my Son John Paine and my Son William Paine, my wife to have her third where she pleases, during her life, and if she is She please to go out of this house, then my Son John Paine to help her to build another Dwelling house, and I doe make my loving Wife Eliz: Paine my Lawfull Ex't'x to se this my Will fulfilled As Witness my hand and Seale this present, being the 4th day of October 1697
    Teste George Harris Mary Combs ) John Paine (Seal)
    Westmoreland Sc't
    At a Court held for the said County the 23rd day of February 1697
    The last Will and Testament of John Paine dece'd was this day proved by the Oaths of the witnesses thereto Subscribed, and a probate thereof granted to Eliza Paine his relict and Ex't'x therein named, and ordered to be Recorded.
    Teste James Westcomb CWC
    Westmoreland County, Virginia, Court Orders (1690-1698), pg. 256a: [Note: In the left margin beside this entry is "Paine John, Will proved."]
    The last will of John Paine dec'd was this day proved by the oaths of the witnesses thereto subscribed and a Probate thereof granted to Eliza: Paine his Relict & Ex'x therein named and also ordered to return a full & perfect inventory of the s'd dec'd't's estate to this next Court upon oath It is also ordered that Thomas Marson Thomas Tanner John Pie & William Haslerigg or any three of them being first sworn before some of his Maj[:ties ?] Justices for this County Doe Some tyme before the next Court value & appraise the s'd Estate and make their return thereof to the s'd next Court accordingly
    Inventory and Appraisal of the Estate of John Payne, 29 June 1698
    Westmoreland County, Virginia, Deeds and Wills Book 2 (1691-1699), pg. 164-164a:

    An Inventory of The Estate of John Payne deceased
    Imprimis To 4 Cows at 450 . . . . . . . . . . . . . . . . . . . . . 1800
    To 2 Cows and Calves 1000, To 1 Old horse 800, To 1 Mare 850 2650
    To 6 Small Shoats at 30 ea 180, To 7 head of Sheep 700 . . . . . . 0880
    To 1 Old Feather Bed bolster Pillow, rugg and Blankett . . . . . . 0500
    To 1 Old Feather bed and rugg and Blankett 100 . . . . . . . . . . 0100
    To 1 Old Feather Bed & old rugg and Blankett & one old bolster 0500
    To a parcell of Coopers and Carpenters Tools 200 . . . . . . . . . 0200
    To 2 old Cross Cutt Saws, Three files and rests 50 . . . . . . . . 0050
    To 4 Old Guns 400, To 3 Iron Potts & 2 Frying Pans 150 . . . . . . 0550
    To a Parcell of Old Iron 200, To 2 old Chests & Two old boxes 150 0350
    lb
    To 2 old Tables and one Cupboard 300, To a Parcell old Pewter 100 . . . 0400
    To a Parcell of Old Lumber 150, To a parcell of old Bottels, 2 Earthen )
    Potts, two old Bibles, one old Sermon Book 50 . . . . . . . . . . . ) 0250
    Total 8120
    Debts lying out Walter English, by Bill 800 )
    John Wright in Smiths work . . . . . . 400 )
    M Corbin upon Account . . . . . . . . 830 ) 2480
    W Luke for Rent . . . . . . . . . . . 450 ) ____
    10600
    -----
    In Obedience to an Order of Court we have appraised the Estate of John Payne dec'ed this 27th June 1698 ) Sworn before me Tho's Tanner, William Haslerigg ) App'rs Westm'l'd Sct Francis Wright Elizabeth Payne
    At a Court held for the said County the 29th day of June 1698 Elizabeth Payne made Oath the within is a full and Perfect Inventory of all the Estate of John Payne dec'ed, yet come to her Knowledge
    Teste James Westcomb CWC

    [Note: The original 1697 and 1698 Deeds and Will Book records of the will and inventory no longer exist. The clerk transcribed those original records into new books in 1801. The County Court Orders record of proving the will is the original from 1697/98. The inventory apparently contains an error in the numbers, since they do not add up to the total stated in the record, even when an adjustment is made for the obvious error in the line item pertaining to lumber, bottles, pots, Bibles and a sermon book.]




    Father: John PAYNE , Sir, (1), * b: 1590 in England
    Mother: * MILLICENT

    Marriage 1 Elizabeth MURPHY , * b: ABT 1660 in Westmoreland. Co. VA
    • Married: BEF 1676 in Westmoreland Co. VA
    Children
    1. Has No Children Anne PAYNE
    2. Has Children John PAYNE III b: 1680 in Westmoreland Co. VA, Weston, Cople Parish
    3. Has Children William PAYNE , II, * b: ABT 1690 in Westmoreland Co. VA
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