Benjamin Payne

p. 47-48. Conveyance by Benjamin Payne Sr. in trust to Sanford Payne and Samuel Barbee “ Know all men by these presents, that Whereas, by the last will and testament of John Combs of Stafford County decd. He did bequeath to the children of his son John after the death of his wife of his wife Seth Combs certain slaves being one third part of the Slaves devised by the said John Combs to his said Wife for life and in the said Will enumerates together with their increase, and the said Seth Combs the widow of the said John the devisor, is now lately dead, and whereas my Wife Helen is one of the children of said John Combs designated by the Will aforesaid and as such entitled to an equal part with the other children of the said John Combs mentioned in the said Will, and whose children were five in number, Now Know ye that I Benjamin PAYNE the husband of the said Helen one of the children of the said John, for and in consideration of the love and affection I have for the children by my wife, and also to secure to her a competency for life, and in consideration also of one dollar to me in hand paid at the time of sealing and delivery these presents by Sanford Payne my son and Sampson Barbee my son-in-law I have granted bargained and sold, and do by these presents bargain sell [c/r] and convey to the said Sanford Payne and Sampson Barbee all the right title interest, claim and demand which I have or may be presumed to have in law or equity to the slaves aforesaid which is the part and share of those and their increase coming to my said wife under the bequest of the said John Combs, to have and to possess the same to the said Sanford Payne and Sampson Barbee and the Survivor of them, In trust however and to and for the only use and benefit and behalf of my said Wife for her life and after her death to be equally divided among her children and Whereas Mrs CALMESE one of the other of the children of the said John Combs mentioned in the Will of the said John Combs the devisor is dead without issue. I do hereby also convey and sell in the same manner in trust, to the said Sanford Payne and Sampson Barbee for the same uses, right or title which I may have or be supposed to have in law or Equity to the share of my said Wife to which she become entitled to be the death of the said Mrs. Calamese and I hereby authorize and empower the said Sanford Payne to recover and take possession of the said slaves for the purposes aforesaid at any time it may be in their power to do so. In Witness Whereof I have hereunto set my hand and affixed my seal this 25th day of March 1820. Benja Payne Seal Sealed and delivered in presence of Edward Robinson, Mathew Jenkins, Thomas Saunders This Deed of trust was from Benjamin Payne to Sanford Payne was produced to the Court and proved by the oaths of Edward Robinson Mathew Jenkins and Thomas Saunders three subscribing witnesses thereto and ordered to be recorded. Teste Daniel Withers CLS

(Source: Behethilon Cummins v Nimrod Combs, Id # 1852-013, Library of Virginia Archives, Chancery Court Index: Fauquier County, original images from case file, transcribed and submitted by Sue Elfving for Combs &c)

SE Note: In reading this conveyance, keep in mind that John Combs (husband of Seth BULLIT Combs and the grandfather of Helen Combs) is referred to as the devisor. The other John Combs decd. was the father of Helen. John Combs the devisor left legacies to the children of his son John Combs. Mrs. Calmese was Elizabeth Combs, the wife of Marcus Calmes, and the d/o of John Combs and Seth Bullitt. This conveyance infers that Seth Bullit died not long before Benjamin his wife’s interests, and it also documents that Helen Combs PAYNE was still alive as of March 25, 1820 but was likely deceased by 1828 when her children sold these same interests to others.

The 1785 will of John Combs [Sr] the devisor is found in Combs &c Stafford Co. record collections. The 1780 will of John Combs [Jr] son of John the devisor is found in Frederick Co. record collections.

Source:

http://www.combs-families.org/combs/records/va/chancery/1852-013.htm

• Census: Susannah Payne (born Rousseau) - 1810 - Fauquire County, Virginia, United States
• Census: Susannah Payne (born Rousseau) - 1820 - Fauquire County, Virginia, United States
  • Reference: MyHeritage Family Trees - SmartCopy: Jul 22 2018, 15:01:18 UTC