Henry Lee Payne

Notes:

Henry was omitted under his father's will. In the final distribution of his father's estate, it was noted that the children of "ONE OF THE OMITTED CHILDREN OF LEE B. PAYNE, were heirs under the Will of Lee B. Payne , herein, the same being Michael Payne, Mary Ellen Payne and Patrick Payne. THAT THE TWO OMITTED CHILDREN OF LEE B. PAYNE, DECEASED TESTATOR HEREIN, WERE JOHN EARL PAYNE AND HENRY LEE PAYNE, who entered this probate matter and voluntarily signed Disclaimer and Renunciation of Interest hereing in the entire estate of Lee B. Payne......"

However, it was not noted which of these two brother's was the father of the Michael, Mary Ellen, and Patrick Payne.

Notes:

As of 1956, he was living at 514 West Gilkey, Marlow, Oklahoma. This was also the residence of his mother, Hattie (Brown) Payne. As the Will of Hattie Payne does not dispose of the home, it is not known if she was living with her son in his home, or if it was her home but had been transferred to Lee prior to her death. Also living in the home on West Gilkey with Hattie and Lee were Hattie Mildred Shaw, granddaughter, and Kay Denice Shaw, Great Granddaughter.

Hattie left each of her heirs the sum of $10, and son Lee B. Payne was to receive the residue of all money; furthermore, she left her China Closet and all the contents to Mildred Shaw, and her Piano to Kay Denice Shaw, leaving the remainder of her property, including furniture, jewelry, and all other money to her son Lee B. Payne, "with full knowledge of the help and peace of mind which his love, care and affection has provided for me during my life time."

Lee's memorial inscription reads Lee D. Payne 2 June 1959. He is buried in Section 10, Block 9, Lot 5 in Marlow Cemetery.

An infant Joe R. Payne born circa 1913 and died 30 Oct 1913 is buried in Section 10, Block 9, Lot 6. It is possible this is a son of Lee's.

Charles Strong noted that according to court documents, Lee had been living in Chandler, Arizona prior to his death in 1959. On the 10th of January, 1961, the final decree and distribution in the matter of the Last Will and Estate of Lee B. Payne was decreed in the County Court of Stephens, Oklahoma. Harold N. Payne and Evelyn M. Payne were joint executors and trustees. Their relationship to Lee B. Payne is not known.

The residue of the estate at that time consisted of mineral rights for approximately 21 acres of land and cash of $214. The court found that Lee B. Payne left TWO SURVIVING SONS WHO WERE NOT MENTIONED IN THE WILL OF LEE B. PAYNE, DECEASED HEREIN, and said surviving sons were omitted heirs at law under the law of the State of Oklahoma; that said surviving sons were John Earl Payne and Henry Lee Payne, both being of legal age and competent and that each and both surviving children were the only surviving children of the deceased, the only other child of deceased being Hattie Mildred Moore, who predeceased her father, the said Lee B. Payne, herein. That the children of Hattie Mildred Moore, deceased daughter of Lee B. Payne were heirs under the terms of the Will of the said Lee B. Payne, the same being John Lee McWhorter and Kay Denise Shaw; and future that the children of ONE OF THE OMITTED CHILDREN OF LEE B. PAYNE, were heirs under the Will of Lee B. Payne , herein, the same being Michael Payne, Mary Ellen Payne and Patrick Payne. THAT THE TWO OMITTED CHILDREN OF LEE B. PAYNE, DECEASED TESTATOR HEREIN, WERE JOHN EARL PAYNE AND HENRY LEE PAYNE, who entered this probate matter and voluntarily signed Disclaimer and Renunciation of Interest hereing in the entire estate of Lee B. Payne......(emphasis added) further finds; that under the terms of the will the estate is to be conveyed in trust to Millie Payne, wife of the deceased for life....

His Obituary, from the Marlow Review, Thursday, June 11, 1959, follows:

Graveside Services for Lee B. Payne

Graveside service for Lee B. Payne was held in the Marlow cemetery on Sunday at 3:30 p.m. conducted by Rev. George L. Needham, pastor of the First Methodist church.

Payne, 64, a former resident of Marlow, died at 8:00 a.m. on Tuesday, June 2, in Chandler, Ariz., where he had lived for the past three years. The funeral was held Thursday at Chandler.

Serving as bearers for the local service, directed by Callaway Smith Funeral Home, were Pud Tullous, Roy Scott, John M. Briscoe, Virgil Flurry, J.W. Taylor and Cecil Troxel.

(Courtesy of Lynell Gentry Cordell)

(Research):
Census Information:

1920 Census
Oklahoma, Stephens County, Marlow
Enumerated 19 Jan 1920
SD 6 ED 257
298-379
Payne, Lee B Hd M W 24 M Okla Mo Ill Farmer
Payne, Millie Wf F W 24 M Okla Ky Ky
Payne, Henry Lee Son M W 3 S Ok Ok Ok
Payne, John Earl M W 2 S Ok Ok Ok

1930 Census
Oklahoma, Stephens County, Wall Twp
Enumerated April 21 and 22, 1930
ED 69-26 SD 9 Sheet 13B
244-253
Payne, Lee Hd M W 35 M 21 Ok Tx Ill Buyer Stock
Payne, Mildred Wife F W 35 M 22 Ky Ky Ky
Payne, Henry L Son M W 13 S Ok Ok Ky
Payne, John E Son M W 11 S Ok Ok Ky
Payne, Hattie M F W 7 S Ok Ok Ky

Lee + Mildred E. "Minnie" Seaton. Mildred was born on 28 Feb 1894 in Kentucky; died on 17 Oct 1969 in Baltimore, Baltimore County, Maryland; was buried in Marlow Cemetery, Marlow, Stephens County, Oklahoma. [Group Sheet] [Family Chart]

Notes:

Minnie Payne 73, Succumbs In Maryland (Mildred [Millie] Ellen Payne)

Duncan Banner, October 19, 1969 Pg. ? Transcribed by C. R. Strong 11-29-2003

MARLOW (Special)) - Mrs. Minnie Payne, 75, former long-time Marlow resident, died Saturday in Baltimore, Md.
Born Feb. 28, 1894, in Kentucky, Mrs. Payne lived most of her life in Marlow. She moved to Baltimore about 10 years ago, shortly after her husband, Lee Payne, died.
She is survived by a son, John Earl of Delmar, Del.; five grandchildren; and two sisters, Mrs. Arthur Tullos and Mrs. Maude Rice, both of Marlow.
Graveside service will be in Marlow Cemetery at 2 p.m. Tuesday with the Rev. Franklin George, pastor of the Marlow United Methodist Church, officiating.

NOTE Headstone in Marlow Cemetery, Sect 10 Blk 9 (Lot 9), States b. 2-28-1894 d. 10-17-1969

Notes:

Kenneth Harvey states his full name was William Henry Harrison Payne, being named after the President. Throughout his life, however, he used the intials W.H., although Brooke Payne does record them as W.H.H.

Charles R. Strong found this short biography below in the Duncan, Oklahoma Genealogy Library in early November 1999.

HISTORY OF THE STATE OF OKLAHOMA, Vol. 2, pp. 250-25l

By Luther B. Hill, A.B., The Lewis Publishing Co., Chicago & New York, 1908

William H. Payne. One of the strong personal factors in the upbuilding of the town of Marlow, has been William H. Payne, whose career has been closely connected with this section of the old Chickasaw Nation and Oklahoma for a quarter of a century. In the town itself, since it was started, he has shown ample confidence and has invested his capital in enterprises that further the welfare of the place. He was the first president of the Bank of Marlow, and is the principal factor in the recently organized Payne Lumber Company. He has also erected a business house and two dwellings in the town.

Mr. Payne's career has not been monotonous nor without interesting change from boyhood to the present. Born in Shelby county, Missouri, April 1, 1851, he grew up through boyhood with educational advantages that resulted from the primitive surroundings of that time and locality. After his sixteenth year he began hiring out for farm work, and turned most of his wages over to his parents, as was the old custom. He lived at home until he was about twenty-five, and then, with team and wagon, pioneered his way to Texas, crossing Red river at Delaware Bend and making his first stop at Loren's ranch in Cooke county. He rented some land of Loren and made a corn and cotton crop, but from 1879 on for several years he followed the cattle trail as a cowboy, and in this occupation first went over the ground in the vicinity of the present town of Duncan. After his marriage he located on a farm in Montague county, Texas, and began housekeeping with an extremely limited equipment. From Montague county he moved into the Chickasaw Nation, and at Velma built up his interests both as farmer and stockman. Five years later he brought his home and business to the vicinity of Marlow, where he has since remained. At this writing he still has a lease and runs some five hundred head of cattle, but it is his intention to close this part of his career and continue along quieter lines of activity. With the opening of the Comanche country Mr. Payne got a claim in what is now Tillman county, and while his family lived there to prove it up, he continued his stock business in the Indian Territory, and without neglecting business finally secured a patent to his land. In addition he has purchased some six hundred acres in the same vicinity, and eight or ten tenants are engaged in the improvement and labor of production on his large farm.

Mr. Payne's personal history connects him with the south. Though he was born in Missouri, his grandfather, William C. Payne, was a native of Loudoun county, Virginia, and had lived a time in Kentucky before moving the family to Missouri. The Paynes were established in Shelby county as early as 1833, and there the grandfather finished his life, passing away in 1865, at seventy-six. His wife was Sarah Hamilton, who also died in Missouri, and their children were: William, who died in Shelby county; Thomas H., father of the Marlow citizen above mentioned; Levi N., who died at Shelbyville, Missouri. Thomas H. Payne, living in a new country and without much assistance from home, gained his schooling in a log cabin and had only a small amount of the world's culture. He became a plain, honest citizen, and a man of worth wherever he lived. During the war he served with the militia in defense of the Union. The last years of his life were spent in Texas, where he died in 1882. He was an active man in the Democratic party. He married Martha Marshall, whose father, Sam M. Marshall, was a Virginian who had first moved to Kentucky and then to Missouri. Martha Payne died at Marlow, Oklahoma, in 1904, having reared a family of ten children, namely: Elizabeth, wife of John O'Neil, of Duncan; Kate, wife of Thomas Joyner, of Oklahoma; Samuel M., of Stephens county; William H., whose career has been sketched; Winfield, near Red Moon, Oklahoma; Levi N., of Wewoka, Oklahoma; Josephine, wife of L. F. McClannahan, of Duncan; Lula, wife of Allison Scott, of Duncan; Thomas B., who died at Duncan, leaving four children; and Walter W., of Duncan.

William H. Payne married, in 1882, Mrs. Hattie A. Long. Her parents were John B. Brown and Adaline Trowbridge, Vermont people, whose other children were: John B., of California; Irene, wife of H. M. Case; Hiram, who died at Velma, Oklahoma; Hale J., of Los Angeles, California; and Joseph R., of Montrose, Colorado. Mrs. Payne was born at Quincy, Illinois, July 28, 1859, and by her first marriage has a son, Ed. H. Long, of Fort Worth, who married Myrtle Payne and has a son, Willie Virgil. Mr. And Mrs. Payne have two children, Joseph R. and Lee B.

From the notes of Ken Harvey:

1910 - Living in Wall Township (Marlow area) of Stephens Co., Oklahoma in 1910. They had a house servant, Pearl Ice (20).

William H. Payne donated a plot of land for the Marlow cemetery. One section was reserved for the Paynes. This Payne section was not large enough and is now full.

Charles Strong found the following obituary at the Oklahoma State Archives:

14 December 1917 DUNCAN BANNER

"Died

News of the death of Uncle Bill Payne, which occurred at home in Marlow Tuesday, came as a shock to numerous friends in Duncan. Death came suddenly and unexpectedly, he being in comparatively good health up to the time of his death.

Mr. Payne was one of the pioneer citizens of this country. He was a man well liked by all, a successful ranchman and business man, and his death has occasioned universal sorrow. He was a brother of W.W. Payne of this city, besides has many other relatives throughout this section.

Funeral services were held Marlow Wednesday, many friends paying a last mark of respect to deceased."

An obituary, found by Lynell Gentry Cordell, was also published in the Marlow Review on Thursday, December 13, 1917.

W.H. Payne Passed Away Monday Even'g

In the passing of William H. Payne, Marlow loses one of her pioneer citizens, a man of sterling worth and unblemished character. Mr. Payne was identified with the financial and executive interest of Marlow for many years. He was regarded with high esteem by all who knew him, and most by those who knew him best. Large in body, mind and heart, he lived daily the life of clean morals and justice. He was remarkably free from the petty quarrels and smallness that mar so many lives. Born in Shelbyville, Shelby county, Missouri, April 1, 1851, he grew to early manhood in the atmosphere of Kentucky hospitality and courtesy that makes northwest Missouri famous. At the age of 21 years he was identified with the Christian church of that place and never discarded the great moral principle of that faith. In the early days he moved to the country at a time when law and life were matters of little concern. In spite of thse enviroments he lived the hardy life of the pioneers and reared his family and built his home that is a credit to the community and worth of his service.

After some illness, he passed away on the 10th day of December, 1917, at his home surrounded by his loved ones whos knew him best and realized the full measure of his loss to them. He lived to the ripe age of 66 years, 8 months, and 9 days and was laid to rest in the cemetery at Marlow, Oklahoma.

His wife and children receive the unstinted sympathy of the entire community in their hour of sorrow, and his presence is missed by all. He died like he lived, free from emnity and bitterness.

The funeral service was held in his home at 3 p.m. Thursday, Dec. 11, 1917, conducted by Elder E. L. Kirtley and his lifelong friends Dr. P. L. Montgomery, T. L. Rose (?), C. Smyth....(remaining names illegible).

In a biography of his brother-in-law, John O'Neill, he was referenced as "William, a farmer at Marlow."

William married Harriet "Hattie" Adaline Brown on 11 Aug 1883 in Montague, Montague County, Texas. Harriet (daughter of John Burns Brown and Adeline Regina Trowbridge) was born on 28 Jul 1859 in Quincy, Adams County, Illinois; died on 12 Jun 1956 in Marlow, Stephens County, Oklahoma; was buried on 14 Jun 1956 in Marlow Cemetery, Marlow, Stephens County, Oklahoma. [Group Sheet] [Family Chart]

Notes:

Mrs. Payne, Marlow, Dies

Duncan Banner Wed. June 13, 1956 Pg. 14 Transcribed by C. R. Strong 11-29-2003

(Special to the Duncan Banner)

Marlow. - Last rites for Mrs. Hattie Adaline Payne, 86[sic], of 514 West Gilkey, Marlow, will be held at 10:30 a. m. Thursday in the Callaway - Smith Funeral Chapel.
She died about 4:15 p. m. Tuesday after a 14-hour illness. She was born July 28, 1859, in Quincy, Ill. Mrs. Payne had been a member of the Baptist Church since the age of 14.
She was married to Edwin Long, November 29, 1877, in Galesburg. Ill. He died in 1880.
She was then married to William H. Payne in Montague, Tex., August 11, 1883.
They came to Velma, then Indian Terirtory (sic), in 1884 and three years later moved to Marlow where she has lived since. Payne, well known throughout the county was a cattleman. He died December 10, 1917.
Mrs. Payne is survived by two sons, Joseph R. of Marlow, and Lee of Oklahoma City, 8 grandchildren, 14 great grandchildren and three great-great grandchildren.
Bearers will be Bill Lawler, Alfred Pearce, Guy Taylor, Jess Adkins, Roy Scott, and Horace Wood.
Honorary bearers are Fred Gilbert, Brooks Hervey. Harris Gatlin, John Kent, 0. C. Sparks, Ollie Hcdgecoxe, 0. L. Tapp, Joe McArthur, John M. Briscoe Jr., D. L. Lindsay, Ira Green, P. B. Rabb, C. L. Briscoe, J. C. (Buck) Graham, J. Ad Wylie, Dr C. M Talley, John Talla, J. W Taylor, J. F. Callaway, and Ervin Lowe.
Burial will be in Marlow Cemetery.

Lynell Gentry Cordell supplied the following obituary, also for Mrs. Hattie Payne, from the Thursday, June 14, 1956 issue of The Marlow Review.

Local Pioneer, Mrs. H. Payne, Died Tuesday

Mrs. Hattie Adaline Payne, 95, well known pioneer resident, died Tuesday at 4:00 p.m. in a local hospital following a brief illness of only about 12 hours. She had lived here 69 years.

She moved to Oklahoma in 1884 from Texas. She lived at Velma, Indian Territory, for three years and in 1867 moved to Marlow which had been her home since that time. Her home address was 514 West Jarboe.

Mrs. Payne was born in Quincy, Ill., on July 28, 1859. Her first marriage was to Edward Long at Galesburg, Ill. on November 29, 1877. He died in 1881. On August 11, 1883, she married William H. Payne at Montague, Tex., and he died on December 10, 1917. He was a pioneer rancher and cattle owner. She was a member of the Baptist church.

She is survived by her two sons, Joe R. Payne, Sr. Marlow and Lee B. Payne, Oklahoma City. Also there are eight grandchildren, 14 great grandchildren, and three great-great granchildren.

Funeral was held today, June 14, at 10:30 a.m. int he Callaway Smith Chapel conducted by Rev. Murphy Duncan, pastor of the First Methodist Church. Burial was in the Marlow Cemetery with Callaway-Smith Funeral HOme in charge of arrangements.

Bearers were W. F. Lawler, Alfred T. Pearce, J. W. Taylor, Jesse Adkins, Roy Scott and Horace Wood.

Honorary bearers were Joe R. McArthur, John Briscoe Jr., D. L. Lindsey, Ira Green, P V. Rabb, C. L. Briscoe, J. C. Graham, J A. Wylie, Dr. C. N. Talley, Fred Gilbert, Brooks Hervey, Harris Gatlin, John Kent, O. C. Sparks, Ollie Hedgcoxe, Guy Taylor, O. L. Tapp and John W. Talla.

NOTE Headstone in Marlow Cemetery, Sect 10 Blk 9 (Lot 1), states b. 7-28-1859 d. 6-12-1956

Charles Strong has a copy of the probated Will of Hattie A. (Brown) Payne from Stephens County, Oklahoma No. 3925.

The petition for probate stated that Hattie had departed this life at Marlow, Stephens County, Oklahoma on or about 12 June 1956, and that she left a total estate of approximately $6,000.

The names and places of residence of her heirs were as follows:

Lee B. Payne, Son, 514 W. Gilkey, Marlow, Oklahoma Joe Payne, Son, 511 Broadway, Marlow, Oklahoma/2408 Lincoln, Fort Worth, Texas Bill Long, Grandson, 2408 Lincoln, Fort Worth, Texas Idell Pafford, Granddaughter, 1708 Oakland, Fort Worth, Texas Hattie Mildred Shaw, Granddaughter, 514 W. Gilkey, Marlow, Oklahoma Kay Denice Shaw, Greatgranddaughter, 514 W. Gilkey, Marlow, Oklahoma

All heirs were of legal age.

Jesse Adkins of Marlow was executor.

Hattie had executed her will on 1 April 1952 in the presence of P.V. Rabb, Caroline S. Payne, and H.C. Payne.

Hattie left each of the above listed heirs the sum of $10, and Lee B. Payne was to receive the residue of all money; furthermore, she left her China Closet and all the contents to Mildred Shaw, and her Piano to Kay Denice Shaw, leaving the remainder of her property, including furniture, jewelry, and all other money to her son Lee B. Payne, "with full knowledge of the help and peace of mind which his love, care and affection has provided for me during my life time."

At the time of her death, Hattie was living at 514 West Gilkey, Marlow, Oklahoma. This was also the residence of one of her son's, Lee B. Payne. As the Will of Hattie Payne does not dispose of the home, it is not known if she was living with her son in his home, or if it was her home but had been transferred to Lee prior to her death. Also living in the home on West Gilkey with Hattie and Lee were Hattie Mildred Shaw, granddaughter, and Kay Denice Shaw, Great Granddaughter.

Notes:

Married:
1887 - Montague County Marriage Book A, page 59 states that the ceremony was conducted by W. J. Jackson, Ordained Minister of the Gospel.

Notes:

Thomas Hamilton Payne was born 1819 in Kentucky. He was remembered by his family as a great hunter with gun and with hounds. He apparently moved to Missouri sometime before his marriage in 1843.

Charles R. Strong and his daughter, Mary Pat Strong, while at the Shelbina Library came across many years of the land tax records for Shelby County from 1836 - 1863. The following information was found on these tax rolls:

Year Owner Acres Section Township Range
Thomas H. Payne
80 16 59 9
80 16 59 9
40 17 59 9

This family was not listed on the 1860 Ledger of Shelby slave owners.

During the Civil War Thomas served in the Union Army. He enlisted with Captian C. Willmott in Shelbyville, Missouri on the 4th of April 1862. His unit in the Union Army was Capt. James W. Lampkin's Company H, 11th Regiment Cavalry, Missouri State Militia Volunteers. Thomas was made corporal. He was described as 6 ft. 2 in, with a light complexion, black hair and blue eyes. According to his service records, "It became evident soon after enlistment that diseases existed rendering the soldier unfit for duty." On June 1, he entered the hospital in Palmyra, Missouri to be treated. He was later moved to a hospital in Macon, Missouri. Thomas was discharged 7 July 1862. Surgeon C.C. Dickinson, who examined Thomas state that he was unfit for service "because of dyspepsia...existing long prior to enlistment. This man has suffered symptons of dypepsia for many years...and was unquestionably unfit for service when he enlisted." However, Thomas's immediate superior Sgt. Brown later testified that "Thomas H. Payne was, to the best of my knowledge, a sound able-bodied man....(and became) disabled in the line of duty by sleeping...in a dank room with open windows (during a period of almost constant rain), by reason of which he contracted asthma and typhoid pneumonia (as did many other soldiers quartered in this room)." This contradictory evidence caused Martha problems as she was trying to receive his service pension; and she had to provide lots of documents in order to eventually receive it.

In the book APRIL 1865, Jay Winik notes that "On one level, (Missouri) was the very embodiment of the Civil War itself: a conflict-ridden slave state that didn't secede, a state deeply divided in loyalties, a state with an ill-formed identity. On yet another level, as it descended into full-scale guerilla war, Missouri became a very different creature altogether, less a reflection of what the Civil War was and more a mirror for what the Civil War could become. It became a killing field. Missouri also produced the most bloodthirsty guerillas of the war. Topping the list was Willam Clarke Quantrill, a handsome, blue-eyed, twenty-four-year-old former Ohio schoolteacher. A close second was Bloody Bill Anderson, whose father was murdered by Unionists..among their disciples were young men destined for later notoriety: Frank and Jesse James, and Coleman Younger...In early 1862, Quantrill and his band of bushwhackers launched a series of strikes into Kansas...(This led to) thousands of Federal troopers and Kansas militiamen (to) quickly pursue the bushwhackers...thus escalated the vicious cycle of retaliation and revenge...The Union soldiers hunted the guerillas like animals. By 1864, the guerrilla war had reached new peaks of savagry. Robbing stagecoaches, harassing citizens, cutting telegraph wires were everyday occurences; but now it was no longer simply enough to ambush and gun down the enemy. They had to be mutilated and just as often scalped...In one massacre, a Quantrill chieftain calmly hopped from one body to another, plundering his prey. Altogether he stepped on 124 corpses. In another massacre, those who surrendered were clubbed to death...(Eventually) all order broke down. Groups of revenge-minded Federals, militia and even soldiers, became guerillas themselves, angrily stalking Missouri, tormenting, torturing and slaying Southern-sympathizers. Ruthless repriseals and random terror became the norm, and the entire state was dragged into an incomprehensible and accelerating whirlpool of vengence...the very fabric of all civil society was torn apart...civilians became not just anxious spectators but unwilling participants. In a war without fronts, boundaries, and formal organizations, the divisions between civilians and soldiers/partisans almost totally evaporated. As time wore on, ever-greater numbers of people fled--to Texas, Colorado, California, Idaho even Tennessee. By 1864, most rural Missourians had become refugees, inside or outside the state." (Winik, pps. 158-163).

The following deed was made 6 January 1876 between Thomas H and Martha J Payne his wife, Francis W Bosworth and Elizabeth H Bosworth his wife Wilbern Baldwin and Sarah H Baldwin his wife for and in consideration of one Dollar to be paid by Levi F. Payne of the county of Marion, Missouri sell real estate in Shelby County, Missouri to wit: the west half of the North East quarter of section 12 township 58 range 10 west containing 80 acres more or less. Recorded in the State of Kentucky, County of Jefferson (vol 2 C, P-138). [Apparently this had been recorded incorrectly at one time, because two deed corrections relating to this transaction immediately followed this deed].

In 1877 and 1878, Tom's health became much worse. He was advised by his family physician (Dr. Payne of Clarence, Shelby County, Missouri, whose biography* follows this) that his medical condition "was incurable and he advised him to go to Texas as the change in climate (the air being less humid) might help him." In Brooke Payne's book THE PAYNES OF VIRGINIA, he lists the following 10 children as accompanying Thomas and Martha Payne to Texas: Samuel, William H.H., Newton, Winfield Scott, Elizabeth, Catherine, Caroline, Berilla Jane, Thomas and Walter.

A published biography of William H.H. Payne has a slightly different list of children: Elizabeth, wife of John O'Neil, of Duncan; Kate, wife of Thomas Joyner, of Oklahoma; Samuel M., of Stephens county; William H., whose career has been sketched; Winfield, near Red Moon, Oklahoma; Levi N(ewton), of Wewoka, Oklahoma; Josephine, wife of L. F. McClannahan, of Duncan; Lula, wife of Allison Scott, of Duncan; Thomas B. ; and Walter W., of Duncan.

Note that Berilla Jane is on Brooke Payne's list (and also the LDS Ancestral Files), but not in the biography of William H.H. Payne, or on any of the census records viewed. This could be the wife of Levi F. Payne. Therefore, it is assumed she is on Brooke Payne's list in error. Also, the LDS files have a son Lee, not listed in any other record. It is also assumed this also was an error.

Tom and Martha's daughter Catherine Joyner had preceeded them to Texas. The other children all (without exception) moved to Texas as well. [Conversations with Lewis Adair Payne; National Archives as College Park; Thomas H. Payne Pension Application #36012-General Affidavit blank completed and signed by affiant G.T. Joyner of Chillcothe P.O., Hardeman Co, Texas on 16 February 1889].

A neigboring farmer in Hardeman County was L.F. McClanahan, whom they became "intimately acquainted with." Two of their sons were married to McClanahan's. Both L.F. and another neighbor noted that Thomas was not able to perform manual labor (more than a quarter of his time) and that he had a severe cough. [National Archives as College Park; Thomas H. Payne Pension Application #36012-General Affidavit blank completed and signed by affiants L.F. McClanahan and J.B. Loring, Hardeman Co, Texas on 5 April 1887]

At some point around 1880, Thomas and Martha appear to have moved east one hundred miles from Hardeman County to Montague County, and in 1880 itself, they are enumerated on the Cooke County, Texas census.

In 1883, Thomas made a claim to be placed on the Invalid Pension Roll of the United States. He stated he was greatly disabled, which prevented him from obtaining his subsistance by manual labor (farming) by reasons of contracting asthma while in service of the United States. Thomas signed the declaration in ink with some difficulty. He clearly was a man unused to the demands of a pen.

Thomas died on September 14, 1884. Dr. John Stinson, who attended him at the time of his last illness, stated that "He was suffering at the time...with what I thought to be asthmatic bronchitis. He was physically a wreck...He had all the symptoms of chronic bronchitis, and continually suffered from asthma, up to the time of his death, which occured from exhaustion."

After Tom's death, Martha pursued the claim for a Widow's Invalid Pension. Her attempt gives the impression of being a much more determined assault on the official bastions, although the ultimate outcome is unknown.

There is a photograph (120X170mm) of the elderly Thomas Hamilton Payne in the collection of Lewis Adair Payne. The original was presumably done circa. 1880 in Montague, Texas. Mary Olive Payne's daughter Dorothy has the original retouched photograph.



Biography of Thomas Payn'e Family Physician, Harry C. Payne (Relationship, if any, unknown)

PAYNE, Harry C, MD (1879 - 1938)

Dr. Harry Clancet Payne worked his way through college, graduating from Missouri University School of Medicine in 1903. He was the son of Bennett Allen Payne, MD, who graduated from Rush Medical College in Chicago in 1868, practiced medicine in Clarence, MO, served in the Union Army in the Civil War, was captured, contracted Tuberculosis while a prisoner and died when Harry was only nine years old.

Dr. Payne practiced medicine for a short time at Cherry Box and nearby Clarence, Mo. In 1904 he married Edna Kahlke of Rock Island, Illinois, and they moved to Paris where he practiced until shortly before his death from cancer.

In 1921 he made an overland trip to Denver, Colorado with Albert Sladeck. He had been told that X-rays of his lungs indicated TB, but those taken at Denver showed what were diagnosed as old scars.

A patient willed him a 13-room home and acreage with the stipulation that it be used as a hospital for at least two years. It was known as the Meyer Memorial Sanitarium in honor of the late parents of his benefactor, Mrs. Minnie Westphaling. After several years it was closed as Paris was not large enough to support a medical facility, and was only twenty five miles from well established hospitals.

He was joined by Dr. Joseph Flynt in 1921. Dr. Flynt practiced in Paris until his death and was aswell loved as Dr. Payne.

Dr. Payne's wife preceded him in death in 1937. They had three daughters - Helen Ford, Virginia Gibbs, Mary Grace Winburn.

(Research):
Census Listings:

1850 Census
Enumerated 20 Sep 1850
Missouri, Lewis County, District 48
451-452
Saml Marshall 55 M Farmer 1720 Va
Hannah Marshall 53 F Va
Caladonia Marshall 12 F Mo
Elizabeth Marshall 9 F Mo
H/Cinderilla Kenosh 30 F $500 Va
452-453
Thos. H. Payne 30 M Farmer Ky
Martha J. Payne 23 F Ky
Sarah E Payne 5 F Mo
Harriett C Payne 2 F Mo
Saml A Payne 1 M Mo

1860 Census
Shelby Co, Missouri Census
281
Pain, Thomas H 41 M Ky
Pain, Martha Jane 34 F Ky
Pain, Sarah E. 15 F Mo
Pain, Harriet 13 F Mo
Pain, Saml. 11 M Mo
Pain, William 9 M Mo
Pain, Winfield 7 M Mo
Pain, Levi N 5 M Mo
Pain, Catherine J 3 F Mo

1870 Census
Missouri, Shelby County, Tiger Fork Twp,P O Nelsonville
Enumerated 29 July 1870
Page 20
143-143
Mahar, John 37 M W Farmer $250 $100 Mo
Payne, Thomas 51 M W $3500 $512 Ky
144-144
""" , Martha 54 F W Keeping House Ky
""", Sarah 25 F W Mo
""", Samuel 21 M W Mo
""", Willis 19 M W At School Mo
""", Scott 17 S M At School Mo
""", Lavina (sic) 14 F (sic) W At School Mo
""", Carrie 13 F W At School Mo
""", Luly 9 F W Mo
""", Thomas 6 m W Mo
""", Walter 3 m W Mo
Payne, Sarah 81 F W Ky
Hair, Robert 60 M W Farmer 5500 1820 Ky
145-145
""", Elizabeth 52 F W Keeping House SC
""", John 24 M W $1800 $575 Mo
Lair Aldeison 58 M W Farmer 6000 2650 Ky

The Familysearch "1880 United States Census and National Index" has the following:

1880 Census
Census Place: Precinct 5, Cooke, Texas
Source:FHL Film 1255298 National Archives Film T9-1298
Page 32
RelationSexMarrRaceAgeBirthplace
Thomas H. PANE Self M M W 62 KY Occ: Farmer Fa: VA Mo: VA
Martha PANE Wife F M W 53 KY Occ: Keeping House Fa: MD Mo: VA
Elizabeth PANE Dau F S W 39 MO Occ: At Home Fa: KY Mo: KY
Luseler PANE Dau F S W 18 MO Occ: At Home Fa: KY Mo: KY
Wm. PANE Son M S W 29 MO Occ: At Home Fa: KY Mo: KY
Thomas PANE Son M S W 15 MO Occ: At Home Fa: KY Mo: KY
Walter PANE Son M S W 13 MO Occ: At Home Fa: KY Mo: KY

(Medical):Y DNA:

A Direct Male descendant of Thomas Hamilton Payne, bearing the PAYNE surname, was tested by FamilyTreeDNA in Houston. His line of descent is as follows:
Thomas Hamilton Payne b. 1819 Kentucky
Walter Winkle Payne b. 1867 Missouri
Harry Carl Payne b. 1898 Indian Territory
Living PAYNE, son of Harry

His DNA was predicted to be R1b1, the most common haplogroup in Western Europe.

The results were as follows:

(DYS#)
393-390-19-391-385a-385b-426-388-439-389-1-392-389-2-458-459a-459b-455-454-447-437-448-449-464a-464b-464c-464d
(Alleles)
13-24-14-11-11-16-12-12-13-13-13-29-16-9-10-11-11-25-15-20-28-15-16-17-17

More information can be found at the following website, part of the PAYNE DNA project. The kit was #48173, and our Payne group was assigned to lineage 1b

Thomas married Martha Jane Marshall on 5 Aug 1843 in Clark County, Missouri. Martha (daughter of Samuel Marshall and Hannah S. Hicks) was born on 27 Mar 1826 in Hardinsburg, Breckinridge County, Kentucky; died on 27 Oct 1900 in Oklahoma; was buried in Marlow Cemetery, Marlow, Stephens County, Oklahoma. [Group Sheet] [Family Chart]

Notes:

In THE PAYNES OF VIRGINIA by Brooke Payne, it is noted that she is the daughter of "Silas Marshall of Lagrange, Mo." This is not correct, Silas is actually her brother.

Following marriage in about 1844, the young couple were living next door to Martha's parents in Lewis Co., Missouri.

Fay Payne Yeager found the family on the 1850 census is Lewis County, Missouri.

Dorothy (known as Dotty Bob) Thompson has a Marshall family bible that may have information in it.

Her tombstone in Marlow Cemetery gives her date of birth as 27 Mar 1827; that is exactly one year after what family records show as her her actual birthdate. It is possible that the tombstone is incorrect.

She was 74 at the time of her death, and had been living with her youngest son, Walter and his wife Gertrude at the time of the 1900 census, taken a few months prior to her death.

Notes:

Married:
Thomas Hamilton Payne and Martha J(ane) Marshall were married by Rev. Minor Ford a Minister of the Gospel in Clark County, Missouri on 5 August 1843. Sarah Ann Payne (then aged 63 and wife of Judge John Loomis Smith) signed an affadavit in 1889 stating that having been personally acquanted with the two, she had been present at the marriage of her brother Thomas Payne to Martha Jane Marshall by the Rev. Ford in August of 1843. [Thomas H. Payne Pension Application #494585--Army of the United States Certificate of Disability]

Following the marriage, the young couple were farming and living next door to Martha's parents in Lewis County, Missouri.

Notes:

(Research):

Census Listings:

1850 Census
Illinois, Adams County, Quincy
John B. Brown 34 miller 1000 Mass
Adaline 24 Ohio
John 10 Illinois in school
Hannah 8 Illinois in school
Hyman 4 Illinois
Mary 2 Illinois

1860 Census
Illinois, Adams County, Quincy Ward 2
Enumerated 12 June 1860
Page 56
367-400
John B. Brown 45 M Flouring Mill Ill 75000 15000 Mass
Adaline R Brown 37 F Ohio
John F. Brown 19 M Ill
Irene Brown 16 F Ill
Hiram Brown 12 M Ill
Matthew F. Brown 11 M Ill
Julien H Brown 7 M Ill
William P Brown 6 M Ill
Joseph R Brown 3 M Ill
Harriet Brown 1 F Ill

John married Adeline Regina Trowbridge on 15 Mar 1838 in Adams County, Illinois. Adeline was born on 27 Dec 1821 in Marietta, Washington County, Ohio; died on 28 Dec 1912. [Group Sheet] [Family Chart]

Notes:

She is shown on the "Sprouse Family - VA, OH, IL" tree at RootsWeb's WorldConnect as being a daughter of Herman TROWBRIDGE of Fairfield, Ct and Abigail Comfort PRITCHARD of Milford, Ct. This tree also shows that on 15 Mar 1838 she married John Burns Brown in Adams County, IL.

(Research):

Census Listings:

Copied from "Sprouse Family - VA, OH, IL" tree at RootsWeb's WorldConnect
http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=sprouse-family&id=I6200

1870 Census
Illinois, Knox County, Galesburg
Browne, Adaline 48 keeps house 3000 1000 Ohio
Hiram 24 painter Illinois
Heale 18 painter Illinois
William 15 bookbinder Illinois
joseph 13 at school Illinois
Harriet 11 at school Illinois
Durfee, Edward 48 engineer
White, Charles 32 fireman
Wood, John 23 fireman
Bartlett, William 24 engineer
Bullet, William 25 engineer
Wood, Thomas 30 engineer
Fisher, Walter 29 engineer
Washburn, William 23 brakeman
Hanely, Benjamin 25 brakeman
Bump, Isaac 24 brakeman
Clay, John 26 brakeman
Sommers, Thomas 20 brakeman

1880 Census
Texas, Montague County
Hiram Brown 32 laborer IL MA OH
Adaline wife 28 keeps house MO OH KY
Adaline Brown mother Wid. 58 teaches school OH NY MA
Hattie dau 5 MO IL MO
Addie dau 9m TX IL MO

Notes:

Married:
Charles R. Strong found this short biography of William H. Payne below in a rare and old book in the Duncan, Oklahoma Genealogy Library in early November 1999. Valuable family tree data is within this document. Another annotated copy will be made of this document. Hopefully the annotations will clarify some names.

HISTORY OF THE STATE OF OKLAHOMA, Vol. 2, pp. 250-25l

By Luther B. Hill, A.B., The Lewis Publishing Co., Chicago & New York, 1908

William H. Payne married, in 1882, Mrs. Hattie A. Long. Her parents were JOHN B. BROWN and ADALINE TROWBRIDGE, Vermont people, whose other children were: John B., of California; Irene, wife of H. M. Case; Hiram, who died at Velma, Oklahoma; Hale J., of Los Angeles, California; and Joseph R., of Montrose, Colorado. Mrs. Payne was born at Quincy, Illinois, July 28, 1859, and by her first marriage has a son, Ed. H. Long, of Fort Worth, who married Myrtle Payne and has a son, Willie Virgil. Mr. And Mrs. Payne have two children, Joseph R. and Lee B.