John Payne and Elizabeth Litt

Excerpt from A Compilation of the Joseph and Phoebe Payne Family of
Bedford County, Virginia

Contributed by Jerald Wilson
Reprinted with permission

John Payne the son of Joseph and Phoebe Payne of Bedford County Virginia was born in Virginia 17 Mar 1754 and died 14 Sep 1839 in Sumner County Tennessee and is buried on his original homeplace. Elizabeth Litt, his wife, died about May of 1847 in Sumner County and is presumed to buried in one of the unmarked graves beside John.

Although no documents have been found that specifically proves that John and his brother Joseph are the sons of Joseph and Phoebe of Bedford County Virginia, I feel the following strongly suggests such a connection. (1) The court records of Bedford and Franklin counties show that Joseph and Phebe had sons named John and Joseph. (2) A John Payne purchased 50 acres on the south side of the Stanton River from Turner Richardson in 1788. A Turner Richardson married the daughter of Thomas Payne a known son of Joseph Payne. (3) A John and his wife Elizabeth sold this land in 1798. (4) Joseph and Phebe owned land on the North side of the Stanton River. (5) A John and Joseph Payne enlisted in the 5th Virginia Regiment on the same date in Bedford County. (6) John stated in his application for a pension for the Revolutionary War that he resided in Bedford and Botetourt Counties Virginia. (7) John named children Joseph and Phoebe probably in honor of his parents. (8) Mary, a daughter of John and Elizabeth Payne married William Norvell in Botetourt County Virginia with her brother, Dudley, giving security. (9) Simpson, son of John and Elizabeth Payne stated in his application for a pension for the war of 1812, that he was born in Botetourt County Virginia.

To our knowledge John Payne was a farmer his entire life and he owned land in Sumner and Robertson County Tennessee. His original homeplace is in the area of Mulloys, Sumner County and on the Red River, the 4 grave cemetery was restored in 1985 and contains 2 stones, one for John and one for his daughter Sarah Johnson. It is believed the two unmarked graves are for Elizabeth, John's wife and the other for Sarah's husband. About fifty feet west of the cemetery is the remains of a stone fireplace which is the remains of the original cabin.

Issue of John and Elizabeth Payne;

  1. Dudley b. 24 Jan 1780 in Virginia, m. at least twice, once to Sarah West on 1 Jan 1833 in Rutherford County Tennessee. Nothing more is known aout this son other than he was living with Joseph and Susan Fuqua in Robertson County in 1860.

  2. Mary b. 4 Sep 1783 in Virginia, m. 8 Sep 1783 in Botetourt County Virginia to William Norvell, d. 10 May 1872 in Macoupin County Illinois. For more information see the William Norvell and Mary Payne contribution.

  3. Warren L. b. 18 Aug 1785 in Virginia, m. about 1808 to Elizabeth Payne his 1st cousin and the daughter of Joseph Payne and Elizabeth Slinker, d. 5 Oct 1850 in Robertson County, Tennessee.
    Warren Payne the son of John Payne and Elizabeth Litt was born 18 Aug 1785 probably in Bedford County, Virginia. He died 5 Oct 1850 in Robertson County. Tennessee and is thought to be buried with Elizabeth somewhere on their home place on a branch of the Red River north of Pleasant Hill Church. He married sometime near the year 1809 to his 1st cousin Elizabeth Payne the daughter of Joseph Payne and Elizabeth Slinker. She was born about 1790 in Sumner County and she died 13 Nov 1850 just weeks after her husband.

    Warren was very active in the early affairs of Robertson County performing many different activities for his neighbors. He was a Justice of the Peace for a number of years wherein he witnessed many deeds of trust in his community, he also performed several marriages one being the marriage of Bolivar Payne to Lydia Woodall in 1846.

    The following is a partial list records where he is mentioned;
    In 1812 he is listed in roster of John Strothers Military Company.
    In 1818 in Sumner County Deed Book 4 page 89 he is a witness for a deed to John Payne from Alexander Witherspoon.
    In Robertson County Court Records Vol. 5 Page 148, Aug 1818 he along with Gideon Payne is appointed to administer the estate of Joseph Payne.
    In Robertson County Court Records Vol. 5 Page 205. He and Gideon Payne as administrators of Joseph Payne (ab) estate, submitted an inventory and sale of his estate.
    On 4 Mar 1830 he along with Simpson and Solomon Payne, Andrew West and Leah Payne held an Estate Sale for the lately deceased James Payne, he being the son of Joseph Payne and Elizabeth Slinker.
    In 1834 he along with James S. Ellis and James Woodard were appointed to lay off Robertson County into 15 Magisterial Districts.
    Robertson County Deed Book 2 pages 392-393 dated 1 Dec 1837. He witnessed an acknowledgment of debt between James Eubank and Albert Stewart.
    Robertson County Deed Book 2 page 366 dated 9 Sep 1839. He purchased from his father 114 acres 66 poles in District 1. Deed witnessed by S. H. Turner and Andrew West who state they saw John Sr. sign same. This tract adjoined the 60 acre tract that follows.
    1 Nov 1839 the Estate Sale of his father John Payne was held.
    In Robertson County Deed Book 2 pages 402-403 dated 6 Nov 1840. Warren receives 60 acres in the 1st District on the Big Branch of the Red River from the State of Tennessee. Warren was the assignee (meaning he purchased the rights) of Lewis Tilly who received a grant from North Carolina for service during the Revolutionary War. It is this land along with the following deed, where it is assumed he and Elizabeth are buried.
    In Robertson County Deed Book 2 pages 403-404 dated 7 Nov 1840. He as the assignee of John B. Chandler received 45 acres in District 1 on the waters of North Fork of Red River. This land was adjacent to that of his brother Dudley and also that of John Payne, a brother.
    In Sumner County Deed Book page 16-18 dated 29 Dec 1840. He, along with his brothers and sisters sold their part in the home place of their father to their sister Elizabeth Crawford and Joseph Payne.
    In Sumner County Inventory and Settlement Book 1839-1842 pages 116-117. He presented an accounting of the Estate Sale of his father, John Payne.
    In Sumner County Court Book 2 page 199 dated 5 May 1843. Presented a final settlement of John Payne's Estate.

    In June of 1846 there are several Deeds recorded in Robertson County whereas the children of John Payne and Elizabeth Litt divide up the property of their parents. Most of these Deeds are dated 29 Dec 1840 but they were not executed until June of 1846. This indicates the children waited until their mother had passed away before dividing the Estate.

    In 1847 Warren along with his son, Larkin, among others became Charter Members of Pleasant Hill Church holding their first meetings under a Brush Arbor.

    Issue of Warren and Elizabeth Payne;
    Elizabeth, b. 12 Jan 1810 in Robertson County, m. 8 Jul 1829 to Richard E. Williams, d. Feb 1896 at Wheeling, Missouri.
    Theodocia, b. 5 Nov 1811 in Sumner/Robertson County, m. Daniel Corkran d. 25 Feb 1855 in Sumner County (See the Daniel Corkran and Theodocia Payne contribution for more information).
    Perry b. 1 Jan 1819 in Robertson County, m. 24 Jun 1846 to Susan Tennessee Darden, d. 7 Jun 1889 in Robertson County.
    Joseph, b. 1822 in Robertson County, never married, d. 16 Jul 1860 in Robertson County.
    Dixon b. 1825 in Robertson County, m. Rebecca Darden, d. 18 Jul 1868.
    William L. b. 1828 in Robertson County, m. Nancy Morris, d. 4 Oct 1860.
    Nancy b. 1829 in Robertson County, m. Mr McGlothin, d. 20 Sep 1858.
    Martha b. 1831 in Robertson, m. Jesse Gilbert.
    Larkin b. 3 Sep 1831 in Robertson County, m. 1st 3 Jan 1855 to Olive Barry, m. 2nd 11 Jan 1860 to Susan Arnold, m. 3rd 24 May 1864 to Malinda Willis, d. 29 Nov 1903 in Robertson County.
    David b. 1835 in Robertson County, m. 1 Jan 1857 to Mary Ann Wright, d. 24 Jul 1860 in Robertson County.

  4. Elizabeth b. 11 Aug 1787 in Virginia. (twin), m. 10 Nov 1810 in Sumner County to John Crawford.
    Here is another of the children of John and Elizabeth Payne that little is known about. She was alive in 1847 when her mother passed away as she shared and participated in the deed transactions dividing the land of her father. She was born 11 Aug 1787 in Viriginia and married 10 Nov 1810 in Sumner County to John Crawford. There is a possibility she was the Elizabeth Crawford that settled the property of a John Crawford in 1813 in Williamson County, Tennessee further research may confirm this connection. Her issue, along with death date and place are unknown also.

  5. Sarah b. 11 Aug 1787 in Virginia. (twin), m. 28 Nov 1812 in Sumner County to Lewis Johnson, d. 8 May 1860.
    Again we find another child of John and Elizabeth Payne that we have only dim knowledge of. We do know she was born 11 Aug 1787 in Virginia and she married 28 Nov 1812 in Sumner County to Lewis (or John) Johnson. She died 8 May 1860 and is buried in the cemetery with her father on his homested along with the assumed plots of her mother and husband which are unmarked. Sarah appears on the deeds in 1846 as the widow of John Johnson. She resided on her fathers farm after her mother died and is thought to have been living here when she died. She is on the census of 1850 in Robertson County with some of her children. It is not known at this time what became of her issue, it is believed that she had others besides the following. Issue of Lewis and Elizabeth Johnson;
    Elizabeth Johnson, b. 1827 in Robertson/Sumner County, m. 13 Oct 1851 to Richard Vroom in Sumner County.
    Lewis M. Johnson, b. 1832 in Robertson/Sumner County.

  6. Nancy b. 28 Jul 1789 in Virginia, d. probably before 1839 as she is not mentioned in any of the court records in Robertson or Sumner Counties.

  7. Simpson b. 14 Nov 1790 in Botetourt County Virginia, m. 1st 13 Oct 1817 to Elizabeth Greer, m. 2nd 21 Sep 1824 to Elizabeth Turner, d. 17 Jan 1873 in Marshall County Mississippi.
    See the Simpson Payne contribution for more information.

  8. Joseph b. 19 Feb 1793 in Virginia, m. 9 Jul 1819 in Sumner County to Elizabeth Ward., d 1846 in Robertson County.
    Very little is known about this son of John Payne and Elizabeth Litt. He married 1st in Sumner County 9 Jul 1819 to Elizabeth Ward. What happened to her we do not know. He had a son by a Miss Patroni in a small town in Mexico near the Pacific Ocean. In 1837 he adopted an illegitimate child in Robertson County and when Joseph died in 1846, his cousin Gideon Payne was appointed guardian for this son.

  9. John T. b. 18 Sep 1795 in Virginia, m. about 1821 to Mildred Sommerville, d. 26 Aug 1850 in Robertson County.
    Here we have another son of John and Elizabeth Payne that little is known, as will be shown he had a good number of descendants but what became of them is lost at this time. A good amount of what follows is from Herschel Payne of Nashville. John T Payne was born 18 Sep 1795 in Virginia and he died in Robertson County 26 Aug 1850 and is buried in a woods a short distance south of Pleasant Hill Church. He married about 1821 to Mildred Summerville who was born in 1804 in Robertson County and her will is dated 1883 in Robertson County. Who the parents of Mildred were has not been established. He was a Constable of Robertson County as proven by an estate sale held for his cousin, James Payne, held 28 Dec 1830 in Robertson County. He was listed on the rolls of Captain Yates Militia Company of 1812. It is believed he is the John Payne who received 56 acres adjacent Solomon Payne from the State of Kentucky. He may have been appointed guardian of the children of James Payne of Virginia, the son of Joseph and Elizabeth Payne, as he owned land jointly with them as indicated by his Estate Inventory.

  10. Rebecca b. 7 Feb 1800 in Virginia, m. about to Samuel Hamilton Bailey, d. before 1871.
    See the Samuel Bailey Family contribution for more information

  11. Theodocia b. 18 Mar 1806 in Robertson County, m. 1st 1 Jan 1823 to Seaton Hunter Turner, m. 2nd 15 Jan 1848 to Stephan Cole, d. about 1888 in Robertson County.
    Here we have another of John and Elizabeth Paynes daughter that little is known about. She was born 18 Mar 1806 in Sumner County and she married 1 Jan 1823 to Seaton Hunter Turner who died 1 Jun 1843. She married secondly to Stephen Cole 18 Jan 1848 a widower with at least 4 children by his 1st wife. Theodocia died about 1888 in Robertson County and her funeral was performed by Warren Wilson Payne.

    Issue of Seaton and Theodocia Turner;
    Elizabeth, b. 1838 in Sumner County. Married 24 Sep 1844 to William Decatur Payne son of Gideon and Annis Payne.

  12. Phoebe b. about 1801, m. about 1825 to James Vaught.
    Phoebe Payne another daughter of John and Elizabeth Payne is another that little is known about. She was born about 1801 married about 1829 to James Vaught and they lived in Robertson County Tenn. and Todd County Ky. at times. They were back in Robertson County in 1860, what became of them afterwards we have not been able to determine.

Return to Sumner County, TN Family Album

Return to Sumner County Main Page