A New Beginning

For years, the community has accepted that the Payne Gap Cemetery officially started in 1905 based on a deed from W.F. Hearne to trustees of the Payne Gap School District that transferred four acres to expand the school’s campus. However, the deed makes no mention of the cemetery. In fact, the deed clearly specifies that the land is to be used “for school purposes.”

Here is the transcribed text of the deed:

Know All Men by these Presents:

THE STATE OF TEXAS, County of Mills 

THAT I, W.F. Hearne of the County Mills in the State aforesaid, for and in consideration of the sum of One ($1.00) DOLLARS, to me in hand paid by F.M. Worthington and J.T. Cook, Trustees of Payne Gap School District No 17 the receipt of which is hereby acknowledged, and for the purpose of donating the herein after described land to said School District.

have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the said FM Worthington and JT Cook, Trustees, and their successors in office of the County of Mills and State of Texas all that certain lot, tract or parcel of land lying and being situated in the County of Mills and State of Texas, and more particularly described as follows to wit: Being four acres of land out of M.E. P & P Ry [Memphis, El Paso, and Pacific Railroad] Sec [survey] No 2. Cert [certificate] No 17/2 in said Mills County Texas, and the same tract heretofore surveyed by Wint Livingston,1 for school purposes out of Survey, and is now included and is recognized as such School Lot.

TO HAVE AND TO HOLD The above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said F. M. Worthington and JT Cook. Trustees and their successors in office heirs and assigns forever. And I do hereby bind myself my heirs, executors and administrators, to WARRANT AND FOREVER DEFEND, all and singular, the said premises unto the said F.M. Worthington and JT Cook and their successors in office heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.

WITNESS my hand this 7th day of November A.D. 1905 WF Hearne ...

We also know that the cemetery’s earliest grave is that of Mrs. Laura Carswell (1825–1889), which is recognized on her monument: the first burried [sic] at the Gap.

After hearing this information, officers of the Payne Gap Cemetery Association voted on June 25, 2022, to change the cemetery’s origination date to 1889 and also approved mounting “1889” to the cemetery entrance arch. PGCA also green-lighted a new donation box to be mounted to the entrance.

______________________

1 Winfrey “Wint” Livingston (1821–1902), first Mills County surveyor, buried at Center City Cemeter

^ Lester Clary and Jeffrey Lee positioning numbers, 2022-09-15
^ Sam Duncan welding numbers to arch, 2022-09-15
^ Sam Duncan attaching donation box, 2022-09-13
^ Donation box, 2022-09-16
^ Payne Gap Cemetery arch with new “1889” designation, 2022-09-19
^ 1905 Deed from W.H. Hearne to Payne Gap School Trustees

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