William H. Payne

Notes:

Married Mary Ferguson. He lived in Shelby Co. MO and is buried on old home place 5 mile NE of Shelbyville. Mary Ferguson born 3 Oct 1818 VA and died 21 Dec 1889. She had a brother Washington FERGUSON. William left his property to his sister, Sally Ann and his nephew Garland Gentry. Pattisons have a copy of probate settlement.

Charles R. Strong and his daughter, Mary Pat Strong, while at the Shelbina Library came across many years of the land tax records for Shelby County from 1836 - 1863. The following information was found on these tax rolls:

Year Owner Acres Section Township Range William H Payne 40 13 58 10
80 13 58 10

This family was not listed on the 1860 Ledger of Shelby slave owners.

Charles and Mary Pat also located an Indenture made on 17 September 1870 between William H Payne and Mary J his wife of Shelby Co, Missouri and Levi F. Payne of Marion Co, Missouri for a parcel of land in Shelby County, to-wit: the North West 1/4 of the North East quarter of section 13 township 58 range ten coutain(?) 40 acres more or less. It was recorded on 27 January 1876.

Finally, they located the following Will:

FILE = SHELBY COUNTY # 4

Probated July 7, 1885

Will of William H Payne In the name of God amen. I, William H. Payne of the County of Shelby in the state of Missouri, being of sound and disposing mind and memory do make publish and declare this to be my last will and testament hereby revoking all former wills made by me.

First, I desire that my funeral shall be conducted in a manner suitable to my means and position in life and that my body shall be buried at the Odd Fellows * * Cemetery in the city of Shelbyville.

Second, I desire that my just debts shall be paid so soon as practical after my decease.

Third, I desire that a monument shall be placed on my grave which shall cost not less than one hundred dollars and that such monument shall be erected within a reasonable time after my burial.

Fourth, I desire that my wife Mary T. Payne shall have absolutely, our choice horse and cow and also our buggy and I desire that my said wife shall make her own selection of said horse and cow.

Fifth, I desire that the ???? (looks like rest) residence and remainder of my personal property shall be sold and the proceeds shall be deposited in bank for the use and benefit of my wife Mary T Payne to be drawn out by her whenever she thinks that her necessities require it and after her death whatever is left of said sum deposited in bank as above directed shall be disposed of in such manner as she may have directed by will prior to her death, but in the event my my said wife should die without will then I desire that said sum so remaining in bank shall be distributed equally among the children of Richard H. Ferguson who is now deceased: this bequest of course being made subject to the payment of any debts.

Sixth, I desire so soon as practical after my decease that forty-acres of my land in Shelby County, Missouri described as follows to wit: the Southwest fourth of the Southwest quarter of Section eighteen (18) Township fifty-eight (58) of Range nine (9) West be sold and the proceeds of said sale be deposited in bank for the use and benefit of my wife as aforesaid and to be disposed of in the same manner as the money arising from the sale of personal property and deposited in bank and is directed to be disposed of except that I desire that at least one hundred dollars of sad sum shall be used for the purpose of purchasing a monument to be erected at the grave of my wife after her decease and burial.

Seventh, I desire that the ???? (looks like rest) residence and remainder of my real estate shall be used controlled and managed by my wife Mary T. Payne so long as she shall live and that she shall possess and enjoy all the rents and profits accruing from said real estate so long as she shall live and dispose of the same as to her may seem right and proper.

Eighth, after the death of my wife, I desire that my real estate shall go to and that the title to the same shall be vested in Mary E. Wood, wife of John C Wood, provided she or her husband John C Wood or some one for them shall pay to the legaters hereinafter named within tne year after the deceased or my wife aforesaid the sum of one thousand dollars: but in the event said one thousand dollars is not paid as above directed then I desire that the real estate shall be sold and the proceeds be placed in the hands of a trustee appointed by the probate Court of Shelby County Missouri, who shall pay out of said proceeds first the one thousand dollars in specific legacies hereinafter named and then he shall pay to Mary E Wood yearly, the interest on said sum so left in his hands after paying said specific legacies so long as she lives and after her death, I desire that whatever sum is then remaining in the hands of said trustee shall be distributed equally among the children of the body of said Mary E Wood.

Ninth, from my real estate on the proceeds arising from from the sale whereof I desire that my brother Levi Payne shall have the sum of four hundred dollars, I desire that my sister Sallie Ann Smith* shall have the sum of two hundred dollars, I desire that my niece Matilda Jane McKitchen shall have the sum of two hundred dollars and I desire that William Gentry son of James W. Gentry shall have the sum of two hundred dollars.

Probate approved by probate court July 7, 1885

Actual copies of both pre-probate and probated will in possession of Charles R. Strong

NOTES:

* Sallie Ann Smith is Sarah Ann Payne Smith, William H Payne Jr's Sister

* * This William H. Payne (see Brooke Payne's, The Paynes of Virginia p 292) is the son of William Payne and Sarah/Sally Hamilton (see p 289), he is the older brother of Thomas Hamilton Payne. Some person has confused the burial place of this William H. Payne with his father who is buried on the old home place-Payne-Jones Cemetery.

This will is not in agreement with Brooke Payne's comments on p 292.

The following cemetery information was located as well:

? Payne, William H. ? Son of William Payne ? Born: 1817 ? Died: June 18, 1885 Shelbyville IOOF Cemetery, Black Creek Township (He was 68 years 7 months and 3 days old **Nov. 15, 1816 would have been his birth date according to this information)

Family/Spouse: Mary J. Ferguson. Mary was born on 23 Oct 1813; died on 21 Dec 1893; was buried in Shelbyville Ioof Cemetery, Shelby County, Missouri. [Group Sheet] [Family Chart]

Notes:

Married:
No marriage record found in Marion County, MO. However, there was a marriage record found for William P. Payne to Mary Claggart on 7 November 1855 (B-181).

Notes:

William's granddaughter said that he never spoke of his own father, but often of his step-father Grymes, a slave owner and cripple. (Payne, p 289)

The first record of William in Shelby County, Missouri can be found in the minutes of the March, 1838 term of the circuit court of Shelby County, William Payne was one of a number of people brought up on charges of gaming. This indulgence was in the form of amusement for dull days, but authorities looked upon it as a dangerous practice, also as a means of "stuffing" their pocketbooks and creating a little stir. Bryant Cockrum, George Gentry, William Payne, Isaac Wooley, Elijah Owens and Robert Joiner were all charged with "playing at loo"; Joseph Holeman and Abraham Vandiver, "for playing seven-up"; Elijah Owens, John Ralls, and Abraham Vandiver, "for playing three up"; Wesley Habbiburton and Joseph Holeman were indicted "for permitting gaming in their house." Three of the parties were convicted. George Gentry was fined $2; Isaac Wooley $1, and William Payne $5. The others were acquitted. (HISTORY OF SHELBY COUNTY, p 25).

The Shelby County 1840 Census shows Payne, William 0-0-1-0-2-0-0-1/0-0-1-2-0-0-0-1

Charles R. Strong and his daughter, Mary Pat Strong, while at the Shelbina Library came across many years of the land tax records for Shelby County from 1836 - 1863. The following information was found on these tax rolls:

Year Owner Acres Section Township Range 1841 William Payne 80 13 58 10 1844 William Payne 40 34 59 10 1852-1854 William Payne 80 13 58 10
40 18 58 9 1858 William Payne Sr. Same as Above

At the time of the 1850 census, 20 year old Edward WILSON and 16 year old Sarah WILSON were living with William and Sally, as was 13 year old Philo HOWELL. They were born, respectively, in Kentucky, Missouri, and Ohio. Relationship unknown. Philo Howell was still living with the family at the time of the 1860 census.

This family was not listed on the 1860 Ledger of Shelby slave owners.

William married Sarah "Sally" Hamilton on 17 Jan 1807 in Bourbon County, Kentucky. Sarah was born about 1790 in Kentucky; died after 1870. [Group Sheet] [Family Chart]

Notes:

In the book THE PAYNES OF VIRGINIA, the author noted that "Mrs Payne had an unusual gift as a nurse and went about on horse-back rendering gratuitous service where needed in her neighbourhood." He said she was the daughter of Mrs. Mary (McKinzie) Hamilton, who consented to her marriage.

Listed with daughter Sarah Payne Baldwin on the 1870 Marion County, MO census, age 81.

Notes:

This material has been abstracted from the book "The Paynes of Virginia" by Brooke Payne (pages 260 through 289). Died intestate. In 1787 he was named as one of the executors of his father's will, and as co-guardian of his minor brothers and sisters. The LDS Ancestral files show he was also married to Helen Combs. This appears to be in error. It was actually his brother, Benjamin Payne, who married Helen.

George married Mary Coe in 1783 in Fairfax County, Virginia. Mary was born on 29 Aug 1765 in Fairfax County, Virginia; died in Dec 1820 in Bourbon County, Kentucky. [Group Sheet] [Family Chart]

Notes:

Daughter of William and Jane Coe. She was listed in her fathers will dated 1791/1793. Children were William, Edward, John, Presly, Priscilla (who married a Davis) and Mary. Mary married 2nd to Nicholas GRYMES 18 Jan 1803 Alexandria, VA. See page 261 "Paynes of VA"

Notes:

His will was dated 7 April 1787 (17 Dec 1792) Fairfax County, Virginia and named his wife and 8 children. (Payne, The PAYNES OF VIRGINIA).

Sanford married Abigail Lay. Abigail (daughter of Abraham Lay and Sarah Grymes) was born about 1730; and died. [Group Sheet] [Family Chart]

Notes:

"The inventory of the estate of Abigail Payne, deceased, was recorded May 1822 in Fx. Co. (Fairfax County, Virginia) Her administrator was her son Sanford Payne, Jr. He was allowed payment for her board from 1808 to 1820." (Payne, p 239)

Notes:

Married:
Kentucky Historical Society, "Genealogies of Kentucky Families: Vol. O-Y" (Baltimore Gen. Publ.-1981) makes the errorneous statement that "their daughter Dolly, married James Madison, President of the United States; another daughter married John G. Jackson, from who descended Stonewall Jackson, the famous Confederate General."

Dolly Madison was a Payne by birth, but not a daughter of Sanford and Abigail (Lay) Payne. As is noted below:

"She always called herself Dolley, and by that name the New Garden Monthly Meeting of the Society of Friends, in Piedmont, North Carolina, recorded her birth to John and Mary Coles Payne, settlers from Virginia. In 1769 John Payne took his family back to his home colony, and in 1783 he moved them to Philadelphia, city of the Quakers. Dolley grew up in the strict discipline of the Society, but nothing muted her happy personality and her warm heart."

From Clinton Dillard's PRESIDENTS-PIONEERS-PILGRIMS tree. He cites

- Presidents Database: Genealogy of the US Presidents; Brian Tompsett, Computer Science Dept, University of Hull (England); based on book "The Presidents", pub. by Funk & Wagnall's; University of Hull, Hull, UK UK1HU6 7RX http://www.dcs.hull.ac.uk/public/genealogy/presidents/

NOTE: WEBSITE: RootsWEB: U.S. Presidential Ancestor Tables; Contact; Gary Boyd Roberts ; New England Historic Geneological Society; from 'Ancestors of American Presidents', a 456-page book http://www.rootsweb.com/~rwguide/presidents/prez3.htm

NOTE: WEBSITE: BIOGRAPHY OF JAMES MADISON: http://www.whitehouse.gov/history/presidents/jm4.html

In searching various internet biographies of Gen. Stonewall Jackson, I was not able to find evidence to support this either.