We are researching the parents of Ann, who married John Dalton. Ann Dalton was named in the will of John Lomax, as was Josiah Payne, who was a half sibling of John Lomax. An 1804 deed also named Jacob Payne as a half brother of John Lomax. We assume that Ann Dalton, John Lomax, and Josiah and Jacob Payne all had the same mother, who married both the father of John Lomax and Josiah and Jacob Payne. We show Ann as a daughter of Payne, but she might have been a daughter of Lomax. We seek documentation to clarify the relationships among Josiah and Jacob Payne and Ann Dalton and John Lomax. We suspect there is a relationship to the family of John Lomax and Elizabeth Wormeley [1], who are currently shown in this database as unrelated.
1787 John Lomax, a noted tavern keeper in Alexandria, died. [2]
1787 Rachel Lomax was named as Administratrix for the estate of John Lomax. [3]
1787 The will of John Lomax was sworn to before Justices Richard Conway and Wm. Herbert at Alexandria by the witnesses, Wm. Hunter, Jr., Sally Edwards and Joseph Veroni, January 10, 1787. He leaves all property to his wife Rachel her life-time. At her death it was to be equally divided between the children of Josiah Payne and the children of John and Anne Dalton. The wife Rachel died in 1792, and these Paynes and Daltons inherited her property. The relationship between the parties is not given. [4]
1791 Joseph Thomas and the administratrix of the John Lomax estate petitioned the G[eneral]A[ssembly] to sell two of his unimproved lots in Alexandria. [5]
1796 The several persons to whom he [John Lomax] by his nunc[uperative] will devised his lands and tenemants in Alexandria give notice that they intend to present a pet. to the next GA to pass an act to confirm them the estates given them by that will. [6]
1796 In the Journal of the House of Delegates of Virginia for 1796, page 7, will be found the following petition, which relates to the 1787 will of John Lomax:
A petition of Henrietta Payne, Kesiah Payne and John Payne, children of Josiah Payne, deceased; William Dalton, John Dalton, Josiah Emmett and Catherine, his wife [late Catharine Dalton]; Saunders Alexander Reed and Ann, his wife [late Ann Dalton]; Rachel Dalton and Daniel Dalton, children of John and Ann Dalton, devisees of John Lomax, of the town of Alexandria, deceased, praying that an act may pass to confirm a nuncuperative will of the decedent. [7]
1796 Hannah and Jacob Payne sold land from the estate of John Lomax to Richard Weightman. [8]
1798 John and Rachel Thomas sold land from the estate of John Lomax to Richard Weightman. [9]
1799 Deed: From Christopher and Henrietta Skillman, she formerly Payne, one of the late Josiah Payne's daughters, and John and Keziah Beverage, another of Payne's daughters; to William Hepburn of the town of Alexandria, Fairfax, Virginia. Whereas the late John Lomax of the Town of Alexandria, Fairfax County, Virginia, owned considerable, and died without issue, but had a half-brother, Josiah Payne, who also died leaving a son John and two daughters ... who if Lomax died intestate will receive a distributive share of the Lomax estate and who - if there is a will - will inherit via any share left Josiah Payne and children. Now the Beverages and Skillmans for 90 current money of Virginia, sell Hepburn their interest and equity in the Lomax estate. Dated November 13. [10]
1801 "IND 9/28/01 bet John Payne of Loudoun Co and William Hepburn. John Lomax died intestate wo issue & ld to halfbro (on mother's side) Josiah Payne who dd leaving ch: John, Henrietta w/o Christopher Skilman & Keziah w/o John Beverage. Wit/P Heiskell, Samuel McCloud, John Dundas, Jacob Slimmer. Rec 10.10.01." [11]
1804 "IND 10/19/04 bet Richard Weightman & w Elizabeth and William Hepburn. Ld orig lsd by IND 1/1/1787 by Hepburn & w Agnes to John Lomax, whi dd intestate leaving half bro's Josiah Payne & Jacob Payne who claimed ld. Josiah Payne also dd intestate, leaving ch John, Henrietta w/o Christopher Skillman, & Keziah w/o John Beverage. All of Josiah Payne's kin by IND 11/13/1799 & IND 9/28/00 tsf their share to Hepburn, by IND 9/24/1796 Jacob Payne & w Hannah tsf their share to Weightman, who tsf to Hepburn. Wit/James Kieth, J N Thomas, Aaron Hewes, Matthew Robinson, Nehemiah Carson, John Dundas. Rec 4/4/05." [12]
1804 "IND 10/23/04 bet Richard Weightman & w Elizabeth and Joseph Thomas, Prince Georges Co, MD. Ld orig tsf by William Hunter Jr to Rachel Lomax who md Joseph Thomas, & they tsf ld to Weightman. Also ld tsf by Patrick Murray to John Lomax who dd intestate wo issue. Part/o ld tsf back to Thomas. Wit/James Keith, William Hepburn, Aaron Hewes, George Drinker, Matthew Robinson. Rec 4/4/05." [13]
Research Notes:
Several lines of descendants of Josiah Payne were summarized by Edythe Johns Rucker Whitley. [14]
George Payne died in Virginia in 1744. He marrid Mary Woodson in 1705, and they were the parents of Josias (often mistaken for Josiah), George Jr, John, Judith, and Robert Payne.
Josias, the son of George and Mary, was born in 1705, died in December 1785, and was referred to as of Pittsylvania County, virginia. In 1732, he married Ann Fleming. Their children were: William, who was born in 1733 and was married first in 1755 to Mary Barrett and second to Susanna; George, who was born in 1734, received land from his father in 1757, was High Sheriff in 1759, and was married in 1754 to Agatha George of Goochland; Josias, Jr., who was born in 1735, died in 1804 in Davidson County, Tennessee, was commissioned a Lieutenant in 1779, and was married first in 1755 to Elizabeth Fleming; Anna, who was born in 1743 and was married in 1763 to William Harrison; Susanna, who was born in 1745 and was married in 1761 to William Heale; Agens, who was born in 1740 and married William Mitchell; John, who was born in 1740, died in 1783 in Philadelphia … and was married about 1761 to Mary Coles.
Dead end: Robert Payne of Essex County.
Katherine, daughter of Rev. William Thompson, married Robert Payne of Essex County. [15]
1739 Inventory of Robert Payne, deceased, appraised 1739, recorded 1764. [16]
Dead end: George Payne and Mary Woodson of Goochland County, Virginia. They had sons John, George, and Josiah. [17]
John Payne, son of George Payne and Mary Woodson, had a first wife, unnamed, a daughter Ann married to James Gordon, but no son named Josiah Payne [18] [19].
George Payne, son of George Payne and Mary Woodson, had a daughter Ann married to Sackville King and son Joseph married to Anne. Joseph was an ensign in the Virginia 9th Regiment. [20].
George Payne was a close friend of George Washington: Payne had a fight with Washington, then fought beside Washington, then buried Washington. [21]
Josias Payne, son of George Payne and Mary Woodson, was born October 30, 1705. He married Anna Fleming. [22] [23] Josias and Anna Payne had a son Josiah Payne who married Elizabeth Fleming. [24]
The remaining notes are about Josias Payne, son of George Payne and Mary Woodson.
Major Josias Payne Sr owned Plynlimon plantation in Goochland County in the 1730s. [25]
1730 Josias Paine was granted 400 acres on the west side of Lickinghole Creek adjoining Robert Addams, Goochland County. Dated September 28. [26]
1731 Josias Paine was granted 400 acres on the north side of James River on the upper and lower side of the Little Byrd Creek, Goochland County. Dated September 17. [27]
1732 Anne Fleming and Josias Payne were married on June 14, 1732 in Pittsylvania County, Virginia.
1733 Josias Payne, 400a, NL, Goochland County, on branches of Lickinghole Cr., c. of his own L.; head of a branch of Duncans Br.; Thomas Salmon's L.; line of Henry Webb (p. 73). 20 Jun 1733. [28] [29]
1733 Josias Payne was granted 400 acres in Goochland County, Virginia. [30]
1734 Josias Payne, 154a, Goochland County, in the brs. of Treasurers Run, N. side of James R.; at John Goodlee; Thomas Salmon; Thomas Meacham; Thomas Sanders. 21 Nov 1734. [31] [32]
1734 Deed, Goochland. March 14. from Josias Payne to George Payne. Witnesses Robert Payne, George Payne, Jr. John Payne. [33]
1744 In July, at the Goochland court, the attachment obtained by Josias Payne against the estate of James Owen is continued. [34]
1752 Surv'd for Josias [sic] Payne of Albemarle Co, 50a, New Land, in Amelia County, S. side of Appomattox R., bnd'd. viz. - c. of John Mayes ... Nix's. c ... to beg. 17 Nov. 1752. John LeNeve Survr. [Endorsement:] ... Amelia, now Pr. Edward Co. William LeVeve is entitled to the within L. by assignment (S) Josiah Payne Test. Wm. Bumpass. [35]
1753 On May 16, Josiah Payne, Capt of Horse, was recorded in Goochland County court records. [36]
1754 On 22 December, George Payne Jr married Agatha George with the consent of Josias Payne, father of George Payne. [37] [38]
1755 On 23 August, Josias Payne Jr, son of Josias Payne Sr, married Elizabeth Fleming in Goochland County, Virginia [39]. On 24 August, Josias Payne gave consent for Josias Payne Jr to marry Elizabeth Fleming [40].
1756 On 16 March, Josiah Payne, Maj. of Foot, was recorded in Goochland County court records. [41]
1756 On 13 April, George Webb Jr married Hannah Fleming; sec. Josias Payne, Jr.; witn. Henry Wood. [42]
1756 Major Josias Payne was on the list of the Vestry for St James Northam Parish, Goochland County, Virginia. [43]
1757 Josias Payne granted land to his son George Payne Jr by deed dated May 17. [44]
1759 On 20 September, John Payne, Josias Payne, and George Payne, 3443 acres. Albemarle County on both sides of Crooks Creek; adjacent to William Bailey, Thomas Snelson, Thomas Jefferson, John Key, William New, Benjamin and Richard Cocke, Walter King, the sd George Payne, Julius Saunders, William Sanders, William Clement & Abraham Say; 20 Sep 1759, p. 650. £15.5. 400 acres part thereof formerly granted unto the said George Payne by Patent. February 10, 1748/49 [PB 27 p. 138] and 3043 acres the residue never before granted. [45] [46]
1760 Land of Josias Payne was adjacent to land of Samuel Staples on both sides of Rocky Run and joining Appomattox River in Albemarle County, Virginia. [47]
1760 The name Josiah Payne, Jr, Capt. was recorded in Goochland County court records on April 15. [48]
1761 William Matthews and Susannah Payne, daughter of Josias Payne the elder of Goochland, were married on June 21. [49]
1761 The name Josiah Payne, Maj. was recorded in Goochland County court records on September 15. [50]
1761-63 Josiah and John Payne were named as Burgesses from Goochland in the Virginia House of Burgesses. [51] [52] [53] [54] They were also named in 1763. [55]
1763 On 13 May. Deed between Josias Payne and John Payne, the elder, an exchange of land, 200 acres at Little Bird Creek, where John Payne, son of said Josias, now lives, is conveyed to said John Payne the elder who, in return conveys 65 acres on James River, which tract descended to the said Josias Payne as heir at law of Augustine Payne, deceased, who bought it from Henry Atkinson in 1739. 1757 On 17 May. Deed from Josias Payne to his son George Payne Jr. [56]
1763 May 13. Deed from John Payne elder to John Payne minor, son of Josias Payne, conveying 200 acres on Little Byrd Creek, where said John Payne minor, now lives. Witnesses: Josias Payne, Jr, Robert Payne and George Payne, minor. [57]
1763 On 26 December, Wm. Harrison married Anna Payne, daughter of Josias Payne in Goochland County, Virginia. [58] [59]
1764 In the October term, Josiah and John Payne were named as Burgesses from Goochland in the Virginia House of Burgesses. [60]
1765 Josiah and John Payne were named as Burgesses from Goochland in the Virginia House of Burgesses. [61]
1771 On 21 June, William Hele married Susanna Payne, daughter of Josias Payne in Goochland County, Virginia. [62] [63]
1772 April. Inventory of Jane Payne, deceased. [64]
1772 On 17 Aug. Deed from Josias Payne, the elder, of Goochland, to his son-in-law, William Heale, conveying 300 acres in Goochland in Little Bird Creek. [65]
1775 Josias Payne Jr witnessed that Moses Parish assigned land, that he was granted as a soldier in the last war, over to Joseph Watkins. [66]
1777 May. Josiah Payne signed the the list made by Crispin Shelton, near Chatham Virginia, of oaths of allegiance to the Commonwealth of Virginia, renouncing allegiance to King George the third. [67]
1781 June, "Memo. of sundry Articles taken from Josias Payne Senr. by a party of the Brittish in their rout through Goochland County in June 1781. (mare, sorrel, saddle, gunn, bacon, corn, brandy, whiskey) Gooch'd to wit This day came Ro. Payne before me and made oath to the above articles Oct. 10th 1782 Jos'h Payne" [68]
1782 Joseph Payne was named to the Commissions of the peace & oyer for Goochland County. [69]
1783 On 27 December, "Josias Payne, living on Dan River opposite Dix's Ferry, advertises for sale 800 acres, by an old patent, where he lately lives in Goochland County on Licking Hole Creek, 12 miles above the court-house (described). Mr John Perkins, who lives contiguous thereto, will show the land." [70]
1784 "Col. John Payne died about 1783 or 1784. His will, dated 10 March 1783 in Goochland, named sons Archer, Philip and Smith and son in-law James Gordon as executors, who refuse to give any information. George Payne, Josias Payne, and Fleming Payne of Goochland can prove the estate". [71]
1784 Josias Payne, in Hanover County, signed a petition to divide the county. [72]
1784 Josiah Paine was granted 790 acres on Beaverdam Creek, Bedford County, Virginia. [73]
1784 Col[onel]. Jo[siah]. Payne died on July 29 in Goochland. [74]
1785 On 12 January, Will for Josias Payne in Pittsylvania County, Virginia.
1785 On 19 December, the will of Josias Payne of Goochland and Pittsylvania named children John, William, Josias, George, Robert, Susanna Heale, Anne Harrison, and Agnes Michel. [75]
The 1785 will of Josias Payne in Goochland named heirs including son Josias and daughter Anne. However, daughter Anne was married to William Harrison at that time.
1803 Report of a debt due: "Josias Payne Junr. £11.14.7 by bond, 17 Dec. 1774; 6 sh. by account. [Pp. 30-31] Suit was brought in 1798 against his son Fleming Payne and judgment granted for £22.11.2. Fleming Payne is able to pay. Joseph [sic] Payne is insolvent and became so between 1783 and 1790." [76]
1803 Report of a debt due: "Josias & Robert Payne. £132.15.8, balance of a bond signed R. Payne. Robert Payne removed to Pittsylvania before the commencement of the war, where he died in 1790 possessed of a good estate both real and personal. His son Robert Payne of Pittsylvania is his executor." [77]
1823 Josiah Payne and others signed a petition to improve navigaton of the Rivanna River. [78]
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