Isaac Payne (1) of St Mary's Maryland

children of Sarah Smith
Thomas Payne	b. after 1694	d. 19 Apr 1748	m. Elizabeth Taylor bef. 1743 her 2m to William Harrison
Hannah Payne	b. about1694 St. Mary's Co., MD	d.	m.
Sarah Payne	b. about 1694 St. Mary's, MD	d.	m.

I have little information on this family but the DNA project by Patrick A. Payne seems to have proved the lineage I list here. See the link below to find other Payne family links.

1673- Thomas Paine has a will filed St. Mary's, Co., Liber 1, folio 530. [image no. 265, Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

Thomas Paine is listed as part of a Testamentary Proceedings in St. Mary's County, MD. Liber 5, folio 510 (inventory) [Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

1674- Bond.
John Smalpeece, now living in St. Jerome, St. Mary's Co., is bound to Isaick Daniell of Baltimore Co. for 4,000 lbs of tobacco. If John Smalpeece should convey to Isaick Daniell 100 acres of his 200 acres called Northland on the north side of the Sassafras River in Baltimore Co. then this bond would be void. Made 29 Apr 1674. Wit: Jury Walker, Jane Paine.
[Brown p. 7]

1693- Isaac Payne is transferring 480 acres of land for twenty-thousand pounds of tobacco to John Attkey. He also tells here that He is "Lett "(late) of St. Gerome in the county of St. Marys, MD. He is trying to sell here a property that is on Chesepeake Bay called Payne's Lot.

       This Indenture made the fourth day of May in the fifth yeare
       of the Reigne of our Soveraine Lord & Lady William & Mary
       by the grace of God King & Queen of England Scotland France and
       Ireland Defenders of the Faith &c.^a and in the yeare of our Lord God
       1693 Between Isaac Payne son & heir of Thomas Payne Lett of
       S.^t Geroms in the County of S.^t Maryes of the one part and John Attkey
       of the clifts in Calvert County M.^rchant of the other part Witnesseth
       That the said Isaac Payne for and in consideracon of the full sume &
       just quantity of Twenty thousand pounds of good sound M.^rchantable
       leafe Tobacco & caske to containe the same to him in hand well & truly
       paid by the sd John Attkey at or before the ensealing & Deliver of these
       presents the Receipt whereof the said Isaac Payne doth hereby
       acknowledge & himselfe to be fully sattisfied therewith contented & paid
       & thereof & every part thereof doth hereby acquitt exonerate and discharge
       the said John Attkey his heires Executors Administrators & Assignes and
       every of them by these Presents Hath given granted aliened Bargained
       & sold Enfeoffed & Confirmed and by these p.^rsents doth fully clearly and
       absolutely give grant alien Bargaine sell Enfeoffe & confirme and to
       the said John Attkey his heires & assignes for ever All that tract or p.^rcell
       of Land called Paynes Lott scituate Lying & being in Chesepeake Bay
       and on the Easterne side of the said Bay in the County of Baltemore
       and in a River of the said Bay called Sassafrax River on the North
       side of the sd River Begining at a marked white oake standing on a
       point at the mouth of a Creeke called Henn Island Creeke being the
       Eastermost bounded tree of a tract of Land formerly taken up by John
       Collect and runing from the sd tree cross the mouth of the sd Creeke
       Northeast & by North Northerly Sixty p.^rches unto a marked water
       oake standing on a point on the East side of the sd Creeke being the Westermost
       bounded tree of a tract of Land formerly taken up by Miles Vrisonswead
       Bounded on the said oake by a line drawne North & by east three hundred
       & twenty p.^rches unto a marked white oake standing Nigh the head of
       of a Branch of the afforesaid Creeke bounding on the sd oake by a line
       drawne East one hundred & Fifty p.^rches unto a Marked white oake
       standing by the side of a Branch of a Creeke called Harbour Creeke
       bounding on the said oake by a line drawne North Two hundred and
       thirty p.^rches bounded on the said North line by a line drawne West
       Two hundred fourty & four p.^rches Bounded on the sd West line by a line
       drawne South five hundred Ninety four p.^rches unto the first bounded
       tree containing and now laid out for four hundred & eighty acres
       more or less Togeather with all Messuages Tenements Dwelling houses
       outhouses Barnes Stables Edifices buildings Tobacco houses yards Gardens
       orchards & back sides with theire & every of their appurtenances with all
       Rights Proffitts & benefitts thereunto belonging or in any wise app.^rteyning
       and all timber timber trees waies passages woods underwoods Easements
       Comodities hereditements & appurtenances whatsoever to the sd parcell of
       Land of four hundred & Eighty acres & all and singular other the p.^rmisses
       belonging or in any wise appertaining the Reversion & Reversions
       Remainder & Remainders Rent issues & profitts whatsoever of all and
       singular the before mentioned to be hereby Bargained premisses with
       theire & Every of their appurtenances & every part & parcell thereof
       Togeather alsoe with all deeds writeings Evidences Chirographies of
       fines Examplifications of Recoveries Escripts Boundaries & Minuments
       whatsoever touching or concerning the said premisses or any part
       or parcell thereof To have & To hold the sd Parcell of Land
          & all and all and singular the premisses before mentioned or intended to be
       hereby given granted Aliened Bargained Sold enfeoffed and confirmed w.^th
       theire & every of theire appurtenances and every part & parcell thereof unto
       the said John Attkey his heires & Assignes for ever To & for the ^only^ proper use &
       behoofe of the said John Attkey his heires & Assignes for evermore And the
       said Isaac Payne for himselfe his heires Ex.^rs & Adm.^rs all & singular and
       for every of them doth covenant hereby promise & grant to and with the said
       John Attkey his heires Ex.^rs Adm.^rs & Assignes & to & with every of them by
       these presents that he the said Isaac Payne his heires Ex.^rs & Adm.^rs all and
       singular the before mentioned to be hereby bargained premisses w.^th their &
       every of their appurtenances & every part & parcell of them unto the said
       John Attkey his heires & Assignes to & for his & their proper use & behoofe as
       afforesaid against him the sd Isaac Payne his heires & Assignes & from & against
       all & every person & p.^rsons whatsoever shall & will warrant & for ever
       defend by these presents And the sd Isaac Payne for himselfe his heires Ex.^rs &
       Adm.^rs and for every of them doth covenant promise & grant to & w.^th the sd
       John Attkey his heires & Assignes & to & with every of them by these presents in
       manner & form following (That is to say) That he the sd Isaac Payne at the
       tyme of the ensealing and delivery of these p.^rsents in and standeth Lawfully
       seized of & in the sd parcell of Land containing four hundred & Eighty Acres
       and other the premisses before mentioned to be hereby Given Granted aliened
       Bargained sold Enfeoffed & confirmed as afsd & every part & parcell thereof
       withe the appurtenances of a good pure absolute indefezeable Estate of Inheritance
       in Fee simple without any condicon Mortgage or Limitatcon of use
       or uses or any matter & thing whatsoever which may alter change charge
       defeat or determine the same And also that the sd Isaac Payne hath in himselfe
       full power good right and Lawfull Authority to give grant aliene
       Bargain sell Enfeoffe & confirme the same unto him the sd John Attkey his
       heires & assignes in manner & forme afsd & according to the true intent and
       Meaning before expressed And also that the sd John Attkey his heires and
       Assignes & every of them shall & may from time to time and at all times for
       ever hereafter Lawfully Peaceably & Quietly have hold use occupie posses & enjoy
       the sd parcell of Land containing four hundred & Eighty Acres w.^th all and
       singular the p.^rmisses before mentioned or intended to be hereby Given Granted
       Aliened Bargained sold Enfeoffed & Confirmed as afsd and every part
       & parcell thereof with theire appurtenances without any Lett suite trouble
       Eviction Molestation Deniall Disturbance hindrance or Interruption
       whatsoever of him the said Isaac Payne his heires Ex.^rs Adm.^rs or
       Assignes & that free clear & clearly Acquitted Discharged saved harmeless
       & kept indemnifyed of & from all & singular former & other Bargaines
       Sales Gifts grants Leasses Joyntures Dowers Uses Wills Fines Issues
       Judgments Extents Executions Debts amerciaments trusts orders decrees
       & of & from all other Estates titles trouble charges & incumbrances
       whatsoever had made comitted suffered done or assented unto by the said
       Isaac Payne or his heires or assignes or by any other p.^rson or p.^rsons whatsoever
       (the Rents and services which shall from hence forth grow due
       & payable to the cheife Lord or Lords of the Fee of Fees for or in Respect of the
       afsd Four hundred & Eighty Acres of Land & premisses only excepted &
       forepraized) And further the sd Isaac Payne for himselfe his heires Ex.^rs
       Adm.^rs & Assignes and for every of them doth hereby covenant promise &
       grant to & with the sd John Attkey his heires & Assignes & to every of them
       by these p.^rsents that he sd Isaac Payne his heires Execut.^rs Adm.^rs & Assignes
       and for every of them shall & will from time to time & at all times
           for Ever for ever hereafter upon the Reasonable Request & at the proper cost
       & charges in the Law of him the sd John Attkey his heires & assignes
       Make doe Execute Acknowledge & suffer or cause to be made done Executed
       Acknowledge & suffered all & every such further & other reasonable Act &
       Acts thing & things Device & Devices assurance & Assurances Conveyance
       & Conveyances in the whatsoever for the further better & more
       perfect assureing sure making and conveying of the afsd parcell of
       Land containing Four hundred & Eighty Acres with all & singular other
       the aforesaid p.^rmisses & every part & Parcell thereof with the appurtenances
       to the sd John Attkey his heires & assignes & to & for his & their
       owne proper use & behoofe for ever Be it by Fine or Fines Recovery
       or Recoveries with or more Voucher or Vouchers Deed or Deeds Indented
       & Inrowled the Enrowlment of these p.^rsents feoffment Release and
       Confirmation with warranty or without warranty or by all or any
       of the waies & meanes aforesaid or by any other Lawfull or Reasonable
       waies or meanes whatsoever as by the sd John Attkey his heires or
       assignes or by any his or their Councell Learned in the Law shall be
       Reasonably Devised Advised or Required And it is Covenanted granted
       concluded declared & fully agreed by & between the sd parties to these
       Presents & the true intent & meaning of the sd Parties to thes presents is
       & is hereby Declared that as well these presents as all & every further
       assurance & assurances of the afsd parcell of Land containing four
       hundred & Eighty Acres & premisses & every part & parcell thereof
       which shall or may at any time or times hereafter be had made done
       Executed Acknowledged & suffered by & between the sd parties to these
       p.^rsents or any of them or any other p.^rson or p.^rsons by their or any
       of their direction Nomination or appointment shall be & enure &
       shall be adjudged Deemed Construed & taken to be & enure to only
       proper use & behoofe of the sd John Attkey his heires & assignes for
       Ever & to & for none other use intent or purpose whatsoever In
       Wittness whereof the parties first above Named to these present
       indenture their hands & seales interchangeably have sett & putt even
       the day & year first above written Anno Domini 1692

Signed Sealed & Delivred                         signum
in the p.^rsence of us                           Isaac P Payne   (sealed)
Sam.^ll Holdsworth
Jn.^o Holdsworth            on the Backe of the aforegoeing Deed was
James Duks                   Endorsed Thus
S Watkins         Memor   That this 4.^th day of May in the yeare of
Patrick Allen   Lord God 1693 Came Isaac Payne before us Coll Nicholas
                  Greenbury & Thomas Tench Esq.^rs two of their Maj.^ties Justices
         of the Peace of the Provinciall Court and acknowledged the
       within menconed Land and p.^rm to the Right of the within
       named John Attkey his heires and assignes for Ever In testimony
       whereof Wee have hereunto subscribed out Names the day and
       yeare above menconed
                                                 Nicholas Greenbury
                                                 Thomas Tench
Entred 5.^th May 1693
                      [Provincial Court Land Records, 1676-1700, vol. 717, page 625-629. Maryland Archives]

1694 - In the following deed we have a marriage contract and land transfer for Issac Payne and Sarah Smith, a spinster.

Prov. Court Deeds WRC#1, 714, Deed- Part of Marriage Contract. Oct. 14, 1694. St. Jeromes Thickett. Isaack Paine, Planter-Grantor. Sarah Smith spinster and Henry Smith her father and Thomas Griffin, Planter-Grantees. In consideration of a marriage shortly to be had between Isaac Payne and Sarah Smith, Paine grants to Henry Smith and Thomas Griffin that parcel called St. Jeromes Thicket lying in St. Jeromes formerly in the tenure of Francis Martin decd. beginning at the Little Indian Field and so bounded on the hornes. 200 acres. Which land was seized by the attorney general for the use of Calvert and by him granted to Thomas Paine decd. late father of Isaack October 4, 1669. To be held by Smith and Griffin to the use of Paine during his natural life and after his decease to the use of Sarah for her natural life, and after both of their deceases, to the use of their heirs, and for want of such to the heirs of Isaac. [records of Patrick Payne, 6 Oct 2005]

1696 - Isaac Paine is probably a constable, St. Michaels Hundred. This file also confirms the list of children as well as the parents of Sarah Smith. [Maryland Archives, St. Mary's City Men's Career Files, MSA SC 5094]

Isaac Paine of St. Mary's Co., planter for 20,000 lbs of tobacco, to James Heath of Kent Co., gent, 2 tracts of land, one called the Hott and the other called Norland. Cecilius Lord Baltimore, by patent dated 1 May 1672 granted to Thomas Paine, father of said Isaac Paine, a parcel of 700 acres of land called the Hott at the head of Sassafras River. By another patent of the same date, Lord Baltimore granted to John Smallpiece 200 acres of land called Norland lying at the head of the Sassafras River, bounded by land formerly taken up by John Collet. Jane Paine, mother of the said John Smallpiece. Made 7 Nov 1701. Mr. Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701. Wit: Jno. Baker, Cha. Egerton. Mr Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701/2. Ackn: 7 Nov 1701. Mr. John Baker and Capt. Thomas Beale, 2 JPs for St. Marys Co., Wm Aisquith, Clerk. Rec in Cecil Co. by Wm. Wyvill, Clerk. [Brown. Abstracts of Cecil County, Maryland, Land. p. 61]

John Toaes of Kent Co., gent., for 3,000 lbs of tobacco, to James Heath of Ann Arundel Co., gent., 400 acres of land. Daniel Toaes, father of said John, granted to him in 1683 a tract of 400 acres of land called Toaes' Purchase on the north side at the head of Sassafras River adjoining land formerly laid out for Richard Paine (should be for Thos. Paine.) [name also spelled Toes] Made 5 Jun 1705. Wit: John Smart, Lambert Wilmer. Ackn: June 1705. John Dowdall, Clerk. [Brown p. 48.]

1713- Isaac Paine is listed as having a probate filed in St. Mary's Co., Maryland. Liber 34, folio 120 (inventory and accounts) [image 252, Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives. Liber 34, Folio 120(inventory)]

Payne, Isaak,St. Mary's Co.,14th Mar., 1712-3;
28th Mar., 1713.
To son Thomas and hrs., dwelling plantation ––; he dying without issue, to 2 daus., Hannah and Sarah, and their hrs.; also personalty. Son to be of age at 18.
To 2 daus., Hannah and Sarah afsd., and their hrs., tract in Courseys Neck, “Riders” and “Broadneck,” equally-Shd. either die without issue, portion of deceased to survivor; shd. both die without issue, to pass to son Thomas.
To 3 child. afsd., residue of personal estate. Dau. Hannah to care of son Thomas so long as she is lame and unmarried.
Ex.: Richd. Griffen.
Test: Wm. Johnson, John Langley, John Mackintosh, Wm. Nouland. 15. 86.

1713 - Isaac Payne is listed as having a will in St. Mary's, MD. Liber 15, folio 86.
[image 1572, Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

1715- Isaac Payne has an inventory in St. Mary's, MD. Liber 36 C, folio 64 (account). [image 1571, Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

1753, Sept 3 - Isaiah Payne receives a land grant of fifty acres for "Isaiah's Choice" in Dorchester County, Maryland.
[Coldman. page 211. Ref. YS*/678;BC11/242]

1753, Aug 10 - Thomas Payne files for That or None of fifty two acres in Frederick County, Maryland.
Ref. BC1/368;BC2/133[Coldman page 211]

1747-Will of Thomas Payne, SMC 1/8/1747-4/19/1748. Daughter: Mary, personalty. Son: Isaac, personalty. Rest of my children: Joseph, Thomas, John, Diana, and Elizabeth Payne, shares of my estate. Exec: Wife, Elizabeth. Wit: William Griggs, Joseph Fitzjeffery. [records of Linda Reno]

4/17/1749: Admin. accts. of Thomas Payne, SMC. Sureties: John Taylor, Joseph Fitzjeffery. Distribution to: widow, 1/3. Residue to (children): Joseph (aged 27); Isaac (aged 25); Thomas (aged 21); John (aged 8); Mary (aged 19); Elizabeth (aged 16); Diannah (aged 14). Exec: Elizabeth Payne. [records of Linda Reno]

1763 - Will of John Payne, St. Michael's Hundred, SMC 1/20/1763-2/8/1763. Mother: Elizabeth Harrison, estate. Execs: William Harrison and mother. Wit: John Langley, George Smoot, Thomas Crawley. (Elizabeth Taylor/Payne Harrison). [records of Linda Reno]

1770 - Will of William Harrison, SMC 1768-2/15/1770. Wife: Elizabeth, plantation where brother Robert Harrison now lives. Son: John, 1000 lbs. tobacco. Children: Ann, Kenelm, Elizabeth, Sarah, and Eleanor. Daughter: Susanna, a horse I bought of Zachariah Barnes. Desire Exec. to sell land: "Harrison's Hazard", 60 ac. (Charles Co.); pt. of tract lying in SMC "St. Margaret's", which I bought of Truman Juel, 66 ac.; 11 ac. adjoining the land which the houses of Aaron Johnston stand on. Daughters: Elizabeth, Susanna, Sarah, and Eleanor. Exec: Wife, Elizabeth. Wit: Thomas Bond, John and Benjamin Clarke.[records of Linda Reno]

1748- Thomas Payne has an inventory for a probate recorded in St. Mary's, Liber 37, folio 91.
[image #1594, Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

1749- Thomas Payne has a probate account file in St. Mary's. Liber 26, folio 46. [Maryland Indexes, Probate Records, Colonial Index, P, 1634-1777, SE4-16, Maryland Archives]

1756, Sept 16 - Daniel Payne files a land grant of fifty acres for "Hog Pen Landing" in Dorchester County, Maryland.
Ref. BC10/266;BC11/242 [Coldman page 211]