Samuel Payne (c. 1759–1799)

Samuel Payne was most likely born in Worcester County, Maryland, where his parents John and Elizabeth Paine were living at the time. During this generation, the surname spelling shifted from “Paine” or “Pain” to the increasingly popular spelling “Payne.” 

The exact year of his birth is not recorded, but two pieces of evidence provide some insights into his date of birth. His father, in a will dated March 18, 1777, stated that Samuel was under age 21, indicating he was born after March 18, 1756.[1] On August 30, 1777, Samuel served in the Maryland Militia, which required members to be at least sixteen years old, which means he was born on or before August 30, 1761.[2] Together, these records place his birth between 1757 and 1761.

Samuel’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]

Like his two older brothers, John and Levin, Samuel served in the Worcester County, Maryland, militia, appearing on the roster of Captain John Paramore’s Company.[4]

Samuel’s Wife and Children

While Samuel lived in Worcester County, Maryland, he met and married Joice Whealton who lived in the neighboring county of Accomack, Virginia. While there are no records of this marriage, a wife named “Joyce” was listed in his will.[5]On June 17, 1799, “Joice Payne” relinquished all benefits she might claim from Samuel’s will.[6] Samuel was not listed in the Virginia personal property tax list in 1782[7] and was listed in 1783,[8] so he most likely married Joice in 1782 or 1783. 

Samuel’s wife was most likely Joice Whealton, the daughter of James and Rhoda Whealton. When James Whealton signed his will on September 9, 1772, he mentioned a daughter named “Joyce.”[9] On October 30, 1809, the estate of James Whealton paid “Joice Payne” for attending Rhoda Whealton while she was ill.[10] Joice Whealton’s siblings (Arthur, William and Scarburgh) joined Samuel in witnessing several wills and deeds, indicating that they were close associates.[11] Scarburgh Whealton proved Samuel’s will and Arthur Whealton helped appraise Samuel’s estate.[12]

Samuel and Joice had two children, Levin and Sarah Catherine (Caty), whom he mentioned in his will.[13]

Samuel’s Livelihood

While Samuel’s three brothers were farmers, there is no record of Samuel owning a farm. Samuel’s father did not provide him with any land in his will, stating that Samuel would inherit land only if his brother Wrixham died without an heir.[14]Samuel received a horse, bridle, saddle, two axes, and wearing apparel. His brother Levin was directed to pay him £6 when Samuel came of age. He was also to receive an enslaved person named Sarah after his mother, Elizabeth, passed away. 

It is unclear when Samuel moved from Worcester County, Maryland, to Accomack County, Virginia. He first appeared on the Accomack County property tax list in 1783, with a household containing one white male, one enslaved person, one horse, and three cattle.[15] On December 26, 1783, he purchased four items from the estate of Savage Cowdry: one large pewter dish, one fat pot, one barrel, and one flour bowl.[16] Most likely, he was establishing a household for himself and his new wife.

The Accomack personal property tax lists trace Samuel’s modest but stable household through the 1780s and 1790s, and while he owned cattle in the 1780s and always at least one horse, there is no indication that he owned farmland.

Samuel’s Death

Samuel Payne signed his last will and testament on January 8, 1799, naming William Hargis executor.[17] He bequeathed to his wife an enslaved boy named Peter, and an enslaved girl named Nislet until his son Levin reached age 21. Peter and Nislet were to be freed when they reached thirty years of age. To his daughter Caty he left two enslaved boys called Benjamin and Ephraim, and directed that they be freed when they reached age thirty. He divided the remainder of his estate equally between his wife and his children. If his wife remarried, her share was to be divided between his children.  

In his will, Samuel freed an enslaved woman named Sarah (most likely the same woman mentioned in his father’s will) and gave her ten bushels of corn and forty pounds of pork for one year. 

Samuel died between January 8, 1799, when he signed his will, and March 20, 1799, when an inventory was taken of his estate.[18] An accounting of Samuel’s estate was submitted to the court on October 17, 1801,[19] and on October 26, 1801, an inventory, audit, and settlement of Samuel Payne’s estate was returned and ordered to be recorded.[20]

On February 26, 1800, a case filed by George Gettettass against Samuel Payne was dismissed.[21] There are no records describing the nature of this case. 

Footnotes

[1] Maryland. Worcester County. Wills, Liber J.W., No. 4, 1769-1783, pp. 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF.

[2] 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.

[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.

[5] Virginia, Accomack. Wills & C 1798-1800, p. 193 https://www.familysearch.org/ark:/61903/3:1:3QS7-89P7-SG2K.  

[6] Virginia, Accomack. Deeds 1797-1800, p. 312 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-2ZX1. 

[7] Virginia, Accomack. Personal Property 1782. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSQF-D9GM-9.

[8] Virginia, Accomack. Personal Property 1783, p. 45 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSQF-D9GM-Y.

[9] Virginia, Accomack. Wills & C 1767-1772, pp. 116-117 https://www.familysearch.org/ark:/61903/3:1:3QS7-99P7-S9ML-Z.

[10] Virginia, Accomack. Wills & C, 1819-1821, p. 167 https://www.familysearch.org/ark:/61903/3:1:3QS7-89P7-3S4Q.

[11] Virginia, Accomack. Deeds 8, 1793-1797, p. 193 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-23ZT-2 and pp. 220-221 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-23ZG-K. Virginia, Accomack. Orders 1793-1796, p. 239 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKW-J76T-Q and p. 379 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKW-J76D-2. Virginia, Accomack. Minute Book 1795 https://www.familysearch.org/ark:/61903/3:1:3QHV-23X9-X9SL-R.

[12] Virginia, Accomack. Orders 1798-1800, p. 144 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKW-J76L-Y.

[13] Virginia, Accomack. Wills & C 1798-1800, p. 193 https://www.familysearch.org/ark:/61903/3:1:3QS7-89P7-SG2K.  

[14] Maryland. Worcester County. Wills, Liber J.W., No. 4, 1769-1783, pp. 331-332.

[15] Virginia, Accomack, Personal Property 1783, p 45.

[16] Virginia, Accomack. Wills, 1788-1794, p. 404 https://www.familysearch.org/ark:/61903/3:1:3QS7-L9P7-S99X-P. 

 [17] Virginia, Accomack. Wills & C 1798–1800.

[18] Virginia, Accomack. Wills & C, 1800–1804, pp. 268–270 https://www.familysearch.org/ark:/61903/3:1:3QS7-99P7-S9Q5-R. 

[19] Virginia, Accomack. Wills & C, 1800–1804, pp. 268–270 https://www.familysearch.org/ark:/61903/3:1:3QS7-99P7-S9Q5-R. 

[20] Virginia, Accomack. Orders 1800–1804, p. 162 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLD-19J4-S. 

[21] Virginia, Accomack. Orders 1798–1800, p. 256 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKW-J7DB-R.