Jacob Paine Sr. (ca. 1727-1773)
Although no records document the births of John and Elizabeth Paine’s youngest sons, Jacob and Isaac, they were probably born after 1724, since they do not appear in the 1740 tax list for Mattapany Hundred, Somerset County, Maryland.[1] Unfortunately, neither John nor Elizabeth left a will that would have mentioned their children. However, the inventory of John Paine’s estate, submitted to the Worcester County court on March 8, 1756, listed Jacob and Isaac as his kin.[2]
Additionally, the Y-DNA results from four men who descended from Jacob Paine match those of the seven men who descended from John Paine, confirming that these 11 men share a common ancestor born between 1627 and 1823. This is consistent with Jacob being the brother of John Paine Jr.[3] Isaac and his wife, Rhoda Patrick, do not appear to have had children.
Jacob’s Wife
Court and land records clearly show that Jacob married Tabitha Brumbley sometime before April 12, 1765, when Nathaniel Brumbley sold Jacob and Tabitha Pain 100 acres of a tract of land called Old Berry for 5£ due to the love and affection he had for his daughter.[4] Tabitha’s mother, also named Tabitha, appointed Jacob to be the executor of her will and bequeathed “Taby Pain” several items from her estate.[5]
Jacob and Tabitha’s Children
According to the will Jacob signed on February 7, 1772, Jacob and Tabitha had three sons and one daughter (Jacob, Moses, Jeptha, and Mary).[6] On December 11, 1772, John added a codicil to his will for a fourth son, John, stating that he wanted his son bound out to a good trade once he reached the age of 14.[7]
Jacob and Tabitha’s Property
On April 7, 1758, Jacob bought 125 acres of land from Jepthah and Mary Purnell for 50£.[8] The land was part of two tracts of land called Smithfield and Farloworth. On the same day, Jacob’s brother John purchased 195 acres from the same two tracts of land.[9] On April 12, 1765, Jacob and Tabitha acquired the tract of land called Old Berry from Tabitha’s father.
On the Eastern Shore in the 18th century, indentured servants and enslaved people provided extra hands to increase production. John owned several enslaved persons, mentioning in his will enslaved persons named Leah, Major, Lose, Jerum, and Jenney.[10]
Jacob’s Death
Jacob died sometime between December 11, 1772, when he wrote the codicil to his will, and August 13, 1773, when the Worcester County court probated his estate.[11] He bequeathed one plantation, farm animals, and other items to his wife Tabitha until his son Jacob came of age. He bequeathed half of another plantation to his wife until his son Moses came of age. The other half of the plantation he gave to his brother Moses until he died, and then it was to go to his son Moses. He bequeathed his enslaved persons to his wife, brother Moses, and children Mary and Jeptha. An inventory of his estate was submitted to the court on November 3, 1773.[12]
Footnotes
[1] Maryland, Somerset County Court. Tax Lists 1723-1759. Maryland State Archives C1812. 1740 Tax List https://msa.maryland.gov/msa/coagser/c1800/c1812/html/tax1740.html
[2] Maryland, Worcester County. Inventories JW 8, 1743-62, pp. 207-208 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT1J-XJV.
[3] The I-FTE27452 Story. FamilyTreeDNA. https://discover.familytreedna.com/y-dna/I-FTE27452/story.
[4] Maryland, Worcester County. Land Records Liber F 1763-66, pp. 330-333 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS1K-F9F2-N.
[5] Maryland, Worcester County. Wills Liber J.W. No. 3 1759-69, pp. 111-112 https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-9H19.
[6] Maryland, Worcester County. Wills Liber J.W No. 4 1769-83, pp. 196-197 https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-SRPJ.
[7] Ibid.
[8] Maryland, Worcester County. Land Records Liber D 1755-60, pp. 260-261 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GS93-4.
[9] Maryland, Worcester County. Land Records Liber D 1755-60, pp. 259-260 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GSSY-D.
[10] Maryland, Worcester County. Wills Liber J.W No. 4 1769-83, pp. 196-197 https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-SRPJ.
[11] Ibid.
[12] Maryland. Ac. 1220 Vol. 113 Inventories 1773, pp. 277-279 https://www.familysearch.org/ark:/61903/3:1:3QS7-9981-Q9J5-H?lang=en&i=152
Jacob Paine’s Will
In the name of God, amen, the seventh day of February 1772, I, Jacob Pain of Worcester County, being sick and weak of body but of sound and perfect memory, thanks to God. For it calling to mind the frailty of man’s nature do make and ordain this my last will and testament in form following first I recommend my soul into the hands of God who gave it and my body to be decently buried. And as touching such estate as it hath pleased God to bless me with, I give and dispose of the same in the following manner and form.
Imprimise I give and bequeath to my loving wife Tabitha Pain my whole stock of creatures of all kinds horses, cattle, sheep, and hogs, also all the meat and corn that I have now in possession, also all my working tools that belong to the plantation, also the whole benefit of my plantation whereon Samuel Hutson now lives until my son Jacob Pain comes to age. Also, the half of the Plantation whereon I now dwell with all benefits thereto belonging until my son Moses shall come to age. All my wool thread and flax to her and her heirs and assigns forever.
Item I give and bequeath to my loving brother Moses Pain the other half of the plantation whereon I now dwell during his natural life. Also Striped Holland Shirt Cloth, also his choice of my wearing coats.
Item I give and bequeath to my loving brother John Pain one Striped Holland Shirt Cloth.
Item I give and bequeath to my daughter Mary Pain my negro girl Jenney, also one bed and furniture, also one bed and furniture, also one oval table, one spinning wheel, to her and her heirs and assigns forever.
Item I give and bequeath to my son Moses Pain the plantation and land whereon I now dwell after his uncle's decease, with all benefits thereto belonging, also my long gun, also my new hat to him and his heirs and assigns forever.
Item I give and bequeath to my son Jeptha Pain my still, also one case of bottles, also one negro boy called Jerum, to him, his heirs, and assigns forever.
Item I give and bequeath to my son Jacob Pain my plantation and land whereon Samuel Hutson now lives, with all benefits thereto belonging, also one small gun to him, his heirs, and assigns forever.
Item, my will and desire is that my brother Moses Pain may have the care and charge of my son Moses till he shall arrive at the age of twenty-one years.
Item I give and bequeath to my brother Moses Pain and my loving wife Tabitha Pain four negros, namely Leah Major, Lose, and Jerum, to be equally divided between them.
Item all the rest of my personable estate not yet given I give and bequeath to my loving wife Tabitha Pain and my four children, named Mary, Moses, Jephtha, and Jacob Pain, to be equally divided between them, to them their heirs and assigns forever.
Item I do hereby disannul and make void all former will or wills heretofore made by me and do hereby publish pronounce and declare this only to be my last will and testament the day and year first above written.
Signed Seals and acknowledged in presence of Wm. Aydelott Benjm Aydelott Richard Roley. Jacob Pain
August 13, 1773. Then came William Aydelott and Richard Roley two of the Subscribing witnesses to the foregoing will and made oath on the holy Evangelis of almighty god that they Saw Jacob Pain the Testator Sign Seal and heard him publish pronounce and declare the Same to be his last will and Testament and that at the time of his so doing he was to the best of their apprehension of a sound disposing mind and memory and that they Subscribed their names as witnesses to the said will in the presence of the testator and of his request and also that they saw Benjamin Aydelott the other Subscribing witness sign his name as a witness to the said will int eh presence of the testator and at his request. Sworn Before Benton Harris, Deputy Commy of Worcester County.
After the above probate came the codicil hereto annexed viz.
Memorandum. I the Subscriber do hereby certify before these witnesses that it is my desire that my youngest Son John Pain may be bound out to a good Trade at the age of fourteen years and also it is my desire that he the said John may have for his portion the Sum of ten pounds raised out of my Estate witness my hand this 11th day of December 1772.
Witnesses – David Dixon Samuel Tarr Jun. Michael Tarr Jun.
August 13, 1773 then came David Dixon, Samuel Tarr and Michael Tarr the Subscribing witnesses to the foregoing Codicil and made oath and the holy Evangelis of almighty god that they saw Jacob Pain within Sign the within Codicil and acknowledge the Same to be a part of his foremen will hereto annexed and saw him Seal the Same and that at the time of his so doing he was to the best of their apprehension of Sound disposing mind and memory and that the Subscribed their names and witnesses thereto in his presence and at his request. Sworn Before Benton Harris, Deputy Commy of Worcester County.
Source: Maryland, Worcester County. Wills Liber J.W No. 4 1769-83, pp. 196-197, image 105 of 279 https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-SRPJ. Original is in the Maryland State Archives, MSA Collection Number C2040-4, Location 01/58/04/039.
Inventory of Jacob Paine’s Estate
A True Inventory of the goods and chattels, rights, and credits of Jacob Pain late of Worcester County, deceased, in current money.
Legacy to Tabitha Pain 10 hots ?? shoals 70s … £8.0.0
1 old yoke of stears 95s, 1 young yoke 125s … 11.0.0
1 cow & calf 45s, 5 cows at 40s each … 23.5.0
2 hieffers 3 years old 35s each … 3.10.0
1 small bull 25s, 2 yearlings 25s … 2.10.-
11 head of sheep 6s3 each & 8s9, 3 lambs 4s each 12s all … 4.0.9
5 geese 5s, 1 horse 5 years old 155s all … 8.0.0
Some pork 30s, some bacon 83s, 4 pickles pork ??? … 6.18.4
A parcel of indian corn … 9.1.8
Chains 12s6 all … 1.7.6
Old axes and hoes 13S, some old iron ??? all … 18.1
Old hammer and traces & iron hooks … 2.6
1 spade 5s, old coopers ax 4s, cross cut saw 25s all … 1.14.-
16? of yarn 30s, some wool 25s9 … 2.15.9
Some thread 14s6, some flax 1s6 all … -.16.-
1 Negro woman called Leah … 30.0.0
1 Negro boy called Jerum
Legacy to Moses Pain Senior
Broad cloth coat 15s, 1 Shipt shirt cloth … 1.15.6
Legacy to John Pain
1 Shipt Shirt Cloth … 7.7
Legacy to Mary Pain
1 Negro girl called Jenny aged 12 years … 35.0.0
1 bed bolster and pillow No. 1 st 4s? @ 1s6 .. 3.13.6
1 bed quilt, 2 blankets and 2 sheets all … 3.0.-
Bedstead mat and cord all … 7.6
1 oval table 28s, 1 spinning wheel 12s6 all … 2.0.6
Legacy to Moses Pain Jr
1 old long gun 12s6, 1 hat 12s6 all … 1.5.-
Legacy to Jeptha Pain
1 still and worm and tub … 28.9.-
1 old case of 11 bottles … 12.6
1 Negro boy called Jerum age 5 years … 22.-.-
Legacy to Jacob Pain
1 small gun … 15.-
1 bed & bolster no. 2 wt. 42? @ 1s3 … 2.12.6
Bedstead mat and cord … 7.6
1 bed & bolster no. 3 wt. 3?? 51s, bedstead mat and cord 5s …2.16.-
1 bed & bolster no. 4 wt. 52? @ ?s9 … 1.19.-
1 bedstead mat & cord … 2.6
1 bed & bolster no. 5 wt. 47? @ 1s? … 2.7.-
Bedstead & mat & cord all … 5.-
5 tear shuh 10s each 50s, 5 ?? 5s each 25s all … 3.15.-
3 toe sheets 24s, 2 old bed quilts 5s all … 1.10.-
2 old blankets 7s6, 1 do. 11s, riddle & ?ive 5s … 1.3.6
1 new chest 7s6, old ditto 3s all … 10.6
2 old spinning wheels 15s, some leather 10s all … 5.0
Old rope 1s, 1 leather trunk 6s, 2 old ditto 5s … 12.-
1 bell s6, 2 jugs 2s, old curtain 10s all … 12.6
Some slays and gears 17s, old iron 1s all … 18.-
Some Cypress ware 11s, some baskets 2s6 … 13.6
Some ball Cypress shingles 5s9, 4 old cider casks 18s … 1.3.0
2 old barrels 4s, 12 old tubs 11s, some salt 3s9 … 18.9
Some clean fat 14s, some oil s2, 1 saddle & ???? … 2.14.2
Some dirty fat 1s4, 1 sorry iron pot 4s, old rundlett 1s … 3.4
Old wain & wheels 18s, old spice mortar 2s6 all … 1.0.6
41w of good pewter @ 1s4 … 2.14.8
Some old do. 13s9, 1 pewter teapot 3s all … 16.9
Tin ware 2s, old towels 4s6, tablecloths 5s all … 11.6
Pillow covers 3s, 4 stone plates 3s, stone ??? 2s6 … 9.3
Some earthenware 4s, tallon & beeswax 3s6 … 7.6
1 old desk 20s, 1 good chest 9s, ??? Chest 2s6 … 1.11.6
1 old pot 3s8, 1 iron do. & hooks 5s9 all … 9.5
1 small ditto 3s, old skillet s9 … 3.9
1 straight body?? coat 25s, old look coat 5s, breeches 10s … 2.0.0
2 small deer skins 15s, 4 jackets 25s … 2.0.-
2 old shirts 5s6, old cap & grudiron ? fork all … 10.6
Saddle & hook 1s, gold stockings 2s, ?? hooks 2s all … 6.9
Some tea 6s10, box iron & heater 17s6, ?? book 1s6 … 15.10
Tackle & combs 5s, old buckles s4, old ?? teapot 1s6 … 6.10
Old sifter & candlesticks 2s. knives & forks 4s6 … 6.6
Old shears 1s, 8 yds. of home cloth 16s, thread & yard 1s … 18.0
1 frying pan 3s9, some old shears 8s6 all … 12.3
Old saddle and bridle 3s9, 1 old table 3s9 … 7.9
Bags & wallet 8s, old cider trough basket and platform 2s6 … 10.6
3 hives of bees 15s, some honey 1s3, chunk bottles 1s2 … 1?.2
3 small vials s6, some indigo 2s6, some cash 103s6 … 5.6.6
1 small hide 6s, the 10th part of a sain 11s … 17.0
Old wool Cards 1s6, old flax brake 2s, old ???? 1s9 … 4.3
Old snuffers s4, some wheat 10s, some ??? 2s6 … 12.10
Some potato seed 7s6, some sud corn 4s all … 11.6
Some fodder 12s6 … 1.2.6
Total: £205.2.0
Some Cash 10.-
Total: £205.12.0
Debts: Samuel Hutson D 1.12.2 3.11.3, Wm Mervil Joynes 0.2
Total: £209.3.3
Debts: Capt Bodwin Robins 2.6 1.1.3, John Allen 3.4
Total Amount: £210.4.6
Debts Desperate: Samuel Scarborough 2.0.0, Thomas Hancock 9.0, Samuel Davis 12.4 ½, Samuel Blades 7.6, Henry Lamberson 3.9, George Blake 3.0
Greatest Creditors: Esther Dubsby £1.1.3
Nearest of kin: Moses Pain, John Pain
Appraisers: Wm. Aydelott, David Dixon
Source: Maryland. Ac. 1220 Vol. 113 Inventories 1773, pp. 277-279 https://www.familysearch.org/ark:/61903/3:1:3QS7-9981-Q9J5-H?lang=en&i=152.