Levin Payne (ca. 1752–ca. 1821)
While no records document Levin Payne’s birth, the 1790 U.S. census lists him as under the age of 45[1] and the 1800 U.S. census indicates he was over age 45[2]. Therefore, he was probably born between 1745 and 1755.
He was most likely John and Elizabeth Paine’s second-oldest son, since his brother John was named for their father. Since I listed John’s birth as about 1750, I’ve listed Levin’s as about 1752. These dates are just rough estimates.
During this generation, the surname spelling shifted from “Paine” or “Pain” to the increasingly popular spelling “Payne.”
Levin’s Role in the Revolutionary War
On December 12, 1774, delegates to the Second Maryland Convention voted to form militia companies composed of the gentlemen, freeholders, and other freemen in Maryland. In the summer of 1775, the Convention provided more details on how to establish militia companies, and captains were instructed to submit their militia company rolls to the committee of observation by October 1.
Many colonists living in Worcester and Somerset counties opposed the Revolution, and farmers in the lower Eastern Shore regularly supplied British ships in the Chesapeake. In February 1777, the Continental Congress directed Maryland to use the militia to suppress British sympathizers and arrest ringleaders of the insurgents. Others were granted amnesty if they surrendered their arms and took an oath of fidelity within forty days.[3]
Although Levin’s personal views on the rebellion are not documented, he served in the militia and took an oath of fidelity to the new Maryland State government. On August 30, 1777, he served in the Worcester County militia under Captain William Richardson.[4] The following year, on February 28, 1778, he took the Oath of Fidelity before the Honorable Joshua Townsend, formally pledging his allegiance to the revolutionary cause.[5]
Levin’s Wives and Children
Levin appears to have married Leah Kellam, the daughter of Isaac and Jemima Kellam. A 1790 deed for land Levin sold to William Kellam, most likely Leah’s brother or uncle, established that his wife’s name was Leah.[6] On February 7, 1776, Isaac Kellam signed his will in which he bequeathed items to his daughter “Leah Pain”, confirming that his daughter Leah married a man with the Payne surname.[7]
The marriage most likely took place in 1775. On December 16, 1774, Isaac Kellam gifted enslaved persons to his daughters and referred to one as “Leah Kellam,” which implies she had not yet married. Levin and Leah had two children, John and Nancy, who were listed in Levin’s will.[8]
At some point after writing his will in 1813, Levin's first wife Leah appears to have died. While there are no records of her death, Levin Payne married Elizabeth Jones on March 6, 1818, which implies that Leah had died.[9]
There is a possibility that Jones was Elizabeth’s married name, since an Elizabeth Jones appeared as a head of household living near Levin in the 1810 census, with a household that included one free white male age 10-15, one age 16-25, two free white females under age 10, two age 10-15, one age 16-25, herself age 26-44, and five enslaved persons.[10]
The 1820 census enumerated Levin's household with a composition consistent with his marriage to Elizabeth: one free white male age 45 and older (Levin), two free white females age 10-15 and 16-25 (likely Elizabeth's daughters from her previous marriage), one free white female age 45 and older (Elizabeth), plus one free Black male under age 14, and four enslaved persons. An inventory of Levin’s estate mentions Elizabeth Payne and two daughters.[11]
There is insufficient evidence to identify Elizabeth’s first husband or her maiden name.
Levin’s Livelihood
Levin Payne appears to have been a successful, self-sufficient farmer, with enough wealth to enjoy a comfortable standard of living. He focused primarily on agricultural production and household manufacturing. He must have been a successful farmer, since on January 23, 1795, the county trustees for the poor bound John Crapper, age 6 or 7, to Levin as an apprentice farmer.[12]
In 1777, Levin inherited 72.5 acres of land called Smithfield located in Mattapony Hundred from his father.[13] He paid taxes on this land in 1783.[14] On February 1, 1780, he purchased 7 acres of land called Second Partnership from Bowdoin Robins for £10.[15] His brother Wrixham made a similar purchase of 15½ acres from the same tract on the same day, suggesting coordinated family land acquisitions.[16]
In 1789, Levin expanded his holdings significantly by purchasing 110 acres called Mifflin's Lot from Daniel Mifflin Sr. for £125.[17] However, the following year on March 3, 1790, he sold 50 acres of his inherited Smithfield tract along with the 7-acre Second Partnership parcel to his brother-in-law William Killam for £103.[18] Just weeks later, on March 19, 1790, Levin and his brother Wrixham sold additional Smithfield acreage and a tract called Farlosworth to their brother-in-law John Watson, who was married to their sister Rebecca.[19]
On August 20, 1796, Worcester County Circuit Court granted Levin a land patent for 2 acres called Payn's Discovery, which had been left out of a previous survey of Townsends Mistake for non-payment of a fee. Levin paid the fee of 7 shillings and 6 pence and the missing 2 acres were added back to the larger piece of land.[20] This land was adjacent to Mifflin’s Lot.
Throughout his life, Levin made numerous purchases of livestock, household goods, and farm equipment from neighbors and estates. He frequently bought items from William Kellam, including livestock and household furnishings.[21] He also purchased goods from the estates of Jesse Ward[22] and Jonathan Watson[23], and bought a horse, wagon, cow, and yearling from William Taylor.[24]
Levin also had sufficient funds to serve as a surety on several occasions. On June 9, 1794, he provided a bond surety for the estate of his brother-in-law John Watson.[25] On August 13, 1799, Levin served as surety for 14-year-old Draper Taylor, the orphan of Betty (a free person of mixed race), who was apprenticed to Levin's brother Wrixham.[26] On February 11, 1812, Levin provided surety for the indentures of John Graham to West Watson and John Ridley to William Ellis.[27]
Like many Worcester County farmers of his era, Levin enslaved people to work his land. The 1800 census recorded three enslaved persons in his household, which grew to five by 1810.[28] On October 3, 1785, Levin joined with Joseph Benson, John Cordary, and Thomas Victor in selling an enslaved person named Benjamin to his brother-in-law, Isaac Killam, for £7.[29] Levin's will specifically bequeathed enslaved individuals by name: Prince and Lucy to his son John, Laurin to granddaughter Polly Merrill, Harry to grandson William Merrill, and Rose to grandson Levin Payne Merrill.[30]
Levin’s Death
On August 23, 1813, Levin wrote his will, stipulating that after his wife's third (widow's dower) was taken out, his property should be distributed as follows: his son John would receive the land and plantation where he lived, along with enslaved persons Prince and Lucy; daughter Nancy Merrill would receive $26.67; and three grandchildren (Polly, William, and Levin Payne Merrill, all children of Nancy) would each receive an enslaved person and bed with furniture. The remainder of the estate was to be divided equally among four grandchildren—the three mentioned above plus Joshua Merrill. The will was witnessed by Daniel Jones, William Ellis, and John Gillet, and named son John as executor.[31]
Levin died sometime between August 1820, when he appeared in the federal census, and November 13, 1821, when his will was probated. His son John Payne served as executor, with John Gillet and Daniel Jones paying the surety bond.[32] A lengthy inventory of Levin’s estate was submitted to the court on November 26, 1821,[33] and on December 11, 1821, the court authorized John to sell the estate.[34] The estate was sold on December 26, 1821,[35] and in August 1822, John petitioned the court for permission to disburse the remaining funds from the estate after debts had been paid.[36] He also sought guidance on how to proceed with two enslaved persons, Stephen and Daniel, who had been born after Levin wrote his will. John filed a final inventory of his father’s estate in February 1824, mentioning payments to Elizabeth and her two daughters.[37]
Y-DNA
Four of Levin’s direct male descendants took a Big Y-DNA test at FamilyTreeDNA. The tests revealed a Single Nucleotide Polymorphism (SNP), which is a named genetic mutation, that occurred either in Levin or his son John.[38] The SNP, I-FTG40357, clearly identifies this branch of Daniel Paine’s descendants.
Footnotes
[1] 1790 U.S. census, Worcester, Maryland, p. 153, Levin Payne https://www.ancestry.com/imageviewer/collections/5058/images/4440911_00459?pId=135626.
[2] 1800 U.S. census, Worcester, Maryland, p. 180, Levin Payne https://www.ancestry.com/imageviewer/collections/7590/images/4440897_00187?pId=112179.
[3] Clements, S. Eugene & Wright, F. Edward. The Maryland militia in the revolutionary war. (Silver Spring MD: Family Line Publications, 1987).
[4] Maryland Historical Society. MS 1146, Box 1 Folder 17746 1777-1780 Rosters, Worcester County Militia Companies. Available at the Maryland Center for History and Culture, Baltimore MD.
[5] Maryland Historical Society. MS 3088 Box 2 Folder 82 Oath of Allegiance Worcester County, Joshua Townsend, February 28, 1778. Available at the Maryland Center for History and Culture, Baltimore MD.
[6] Maryland, Worcester. Land Records, Liber N, 1788-1791, pp. 166-167 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
[7] Maryland, Worcester. Wills, Liber J.W., No. 4, 1769-1783, pp. 443-444 https://www.familysearch.org/ark:/61903/3:1:33S7-9TBJ-S5RB.
[8] Maryland, Worcester. Wills, Liber M.H., 1813-1822, pp. 491-493 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
[9] Hudson, Millard F. Marriage licenses of Worcester Co. Md. 1795-1865. (Baltimore MD: Maryland Historical Society, 1927) 168 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9BJ-N3FN-9.
[10] 1810 U.S. census, Worcester, Maryland, p. 569, Elizabeth Jones https://www.ancestry.com/imageviewer/collections/7613/images/4433287_00261?pId=99910.
[11] 1820 U.S. census, Worcester, Maryland, p. 8, Levin Payne Senr. https://www.ancestry.com/search/collections/7734/records/702685?tid=177174990&pid=142360467807&ssrc=pt.
[12] Maryland, Worcester. Court Proceedings, Liber L.H., p 171 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSB4-CQCN-M.
[13] Maryland. Worcester County. Wills, Liber J.W., 1790-99, pp. 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF?i=171&cc=1803986&cat=66222.
[14] Maryland, Worcester. 1783 Tax Records. https://msa.maryland.gov/msa/stagser/s1400/s1437/html/1437wo.html.
[15] Maryland, Worcester. Land Records, Liber I, 1771-1776, pp. 290-291 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSGD-19T8-4.
[16] Maryland, Worcester County. Land Records Liber I, 1771-1776, p. 263 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSGD-19RY-N.
[17] Maryland, Worcester. Land Records, Liber N, 1788-1791, pp. 40-41 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY3-J.
[18] Maryland, Worcester. Land Records, Liber N, 1788-1791, pp. 166-167 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
[19] Maryland, Worcester. Land Records, Liber N, 1788-1791, pp. 191-192 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SBF-9.
[20] Maryland, Worcester Circuit Court. Certificates, Patented, Wo 1796/08/20. Payns Discovery, Levin Payne, 2 Acres, Patented Certificate 1924 MSA S1210-2063 https://plats.msa.maryland.gov/pages/unit.aspx?cid=WO&qualifier=S&series=1210&unit=2063&page=adv1&id=1993479619. Worcester, Maryland. Patent Certificates & Warrants, No. 144, 1790-1796 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-LQCS-M.
[21] Maryland, Worcester. Land Records, Liber U, 1800-1801, pp 155-156 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-89BT-R. Maryland, Worcester. Land Records, Liber U, 1800-1801, p. 300 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-89BG-P. Maryland, Worcester. Land Records, Liber V, 1801-1803, p. 416 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKH-7TJZ.
[22] Maryland, Worcester. Accounts, Liber J.B.R. No. 5, 1801-1805, pp 170-173 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYH-Y3QH-8.
[23] Maryland, Worcester. Inventories, Liber M.I.F. No. 2, 1805-1808, pp 407-408 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYH-B97L.
[24] Maryland, Worcester. Land Records, Liber A.B., 1810-1811, p. 69 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-N3W3-P.
[25] Maryland, Worcester. General Index Wills Etc. No. 1, 1742-1821. https://www.familysearch.org/ark:/61903/3:1:33S7-9T1D-YPQ.
[26] Maryland, Worcester. Orphans Court Proceedings, Liber J.B.R., 1799-1805 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSB4-CQ8N-W.
[27] Maryland, Worcester. Court Proceedings, 1812-1816, pp. 6-8 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT1N-JPH.
[28] 1800 U.S. census, Worcester, Maryland, p. 180, Levin Payne https://www.ancestry.com/imageviewer/collections/7590/images/4440897_00187?pId=112179. 1810 U.S. census, Worcester, Maryland, p. 573, Levin Payne https://www.ancestry.com/imageviewer/collections/7613/images/4433287_00263?pId=99910.
[29] Maryland, Worcester. Land Records, Liber L, 1784-1786, pp. 202-203 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D9XV-S.
[30] Maryland, Worcester. Wills, Liber M.H., 1813-1822, pp. 491-493 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
[31] Maryland, Worcester. Wills, Liber M.H., 1813-1822, pp. 493-491 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
[32] Maryland, Worcester. Administrators Bond, 1820-25, pp 99-100 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT16-38V.
[33] Maryland, Worcester. Inventories, 1820-22, pp 394-398 https://www.familysearch.org/ark:/61903/3:1:33S7-9T15-SRT.
[34] Maryland, Worcester. Inventories, 1822-24, pp 81-87 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT15-SFH.
[35] Maryland, Worcester. Inventories, 1822-24, pp 81-87 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT15-SFH.
[36] Maryland, Worcester. Court Proceedings, Liber M.H. No. 24, pp. 468-469 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSY2-56C5.
[37] Maryland, Worcester. Court Proceedings, 1823-25, p. 252 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT1D-P15.
[38] FamilyTreeDNA. Payne Surname Project. https://www.familytreedna.com/public/payne?iframe=ydna-results-overview : accessed 26 February 2026.
Levin’s Will
In the name of God amen I Levin Payne of Worcester County of the State of Maryland being sick and weak in body but of sound and disposing mind memory and understanding considering the certainty of death and the uncertainty of the true thereof and being desiring to settle any worldly affairs and thereby be the better prepared to leave this world when it shall please god to call one hence do therefore make and publish this my last will and testament in manner and form following that is to say. First and principally, I commit my soul into the hand of Almighty God and my body to the earth to be decently buried at the discretion of my executor after ?? and after my debts and funeral charges are paid and my wife’s thirds are taken out, I devise and bequeath as follows.
I give and bequeath unto my son John Payne my land and plantation whereon I now live together with all the appurtenances thereunto belonging to him and his heirs and assigns forever. Also, I give and bequeath unto my son John Payne a negro boy called Prince forever.
I give and bequeath unto my Daughter Nancy Merrill twenty-six Dollars and sixty-seven cents forever. I give and bequeath unto my granddaughter Polly Merrill a Negro Girl called Lauren and a bed and furniture forever. I Give and bequeath unto my Grandson William Merrill a negro boy called Harry and a bed & furniture forever.
I give and bequeath unto my grandson Levin Payne Merrill negro girls called Rose and a bed & furniture forever. All the remainder of my property not yet mentioned I leave to be sold and the money to be equally divided between my Four grandchildren Polly Merrill, William Merrill, Levin Payne Merrill, and Joshua Merrill children of my Daughter Nancy to be paid to them and each of them respectively when they come at their respective ages of Polly at sixteen years and the three boys at Twenty One and I desire that the said money remain in my executors hands until they arrive to said ages.
I leave my negros named Harry and James above mentioned in the hands of my executor hereafter mentioned until my two grandchildren Polly & William arrive at their respective ages above mentioned.
Also, I leave my negro girl called Rose in the care of my daughter, Nancy until my Grandson Levin Payne Merrill comes at twenty-one. I leave my negro woman named Lucy on the planation in the care of my son John Payne during her lifetime.
And lastly, I do hereby constitute and appoint my son John Payne to be sole executor of this my last will and testament revoking and annulling all former wills by me heretofore made ratifying and confirming this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and affixed my seal this twenty third day of August in the year of our Lord one thousand and eight hundred and thirteen.
Signed Sealed published and declared by Levin Payne the above-named testator as and for his last will and testament in the presence of each ?? who at his request in his presence and in the presence of each other have subscribed our names as witnesses. Daniel Jones, William Ellis, John Gillet
Worcester County for the 13th day of November Anno Domini 1821 there comes John Payne and made oath on the holy Evangely of Almighty God that the aforegoing instrument of writing is the true and whole will and testament of Levin Payne late of Worcester County deceased that hath come to his hands or possession and that he doth not know of any other.
Before Matthew ?? November the 13th Amo Domini 1921 there came Daniel Jones William Ellis and John Gillet the three subscribing witnesses to the within last will and testament of Levin Payne late of Worcester County deceased and severally made oath on the holy Evangely of almighty God that they did see the said Levin Payne the testator sign and seal this will and that they heard him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of their apprehensions of sound and disposing mind memory and understanding and that they respectively subscribed their names as witnesses to this will in the presence and at the Request of the testator and in the presence of each other.
Before Matthew ??? for Worcester County
Source: Maryland, Worcester. Wills, Liber M.H., 1813-1822, pp. 493-491 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SY1-M.
