37. Benjamin FRYE2,31,49,50 was born about 1749.10,47,51 He died after May 1803 at the age of 54 in Logan County, Kentucky.52,53
[Hank Adams had birth estimate as about 1776 - I think it was probably at least five years earlier if the marriage date is even close. Otherwise he married at age 13. The Frey Journal gives a birth of 1749 which seems much more reasonable.]
There are two Benjamin Fryes in this close proximity at the same time; both have wives possibly named Catherine. This Benjamin had an uncle Benjamin Frye. However, the uncle Benjamin was located in Shelby County, formed out of Jefferson Co 1792, the same year as Kentucky statehood - and he may not have come to Kentucky until after Shelby had been formed. Nelson County was a county itself by 1784 where this nephew Benjamin seems to have lived.
Probably Benjamin was one of the Administrators of the will of his father-in-law:
Will dated 14 May 1773. Westmoreland County PA WBI, p.10, file #11
Henry Speers names wife Regina - land where I now live -- for life. Each of my children not married have equal part of estate -- to what my children already married have had -- after which whole estate divided among wife and children -- 2 shares to my sons and my wife -- 1 share each to daughter, married or unmarried and also one share to children of deceased daughter Elizabeth Kuykendall. Executor: Regina. Signed Henry Speers, Samuel Fry
Witnesses: Jacob Keller, James Byrnes, William Anderson, Benjamin Rilton, James Wood, Joseph Bowman, Philip Shepler, brother of Matthias and Peter.
Letters of Administration of Henry Speers, decd to Regina Speers and Benjamin Frye [probably son-in-law married to daughter Catherine]
[Abstract of the will is given in Vol V of THE PENNSYLVANIA GENEALOGICAL MAGAZINE and makes an error in that the daughter Elizabeth is listed as though she were living.]
1783-1792 Court Order Books for KY [Supreme Court of Dist of KY while still part of VA]:
p.160; Order Book A, 24 Jun 1786, p.531
Benjamin Fry v. Peter Phillips. Ordered that the Surveyor of Nelson Co go onto the lands in controversy and survey and lay off the same as either party would have it ....report all matters of fact, together with two fair plats and certificates thereof, to the Clerk's office of this Court before the day of hearing. The sheriff of said county to attend to remove force if any be offered.
By 1787 he was in Nelson County, KY. Listed in DAR Patriot Index as Private VA, but birthdate given was that of his mother.
Virginia Treasury Warrant Land Grant #3972 dated Mar 16 1780 and granted 30 May 1787 to Benjamin Fry. 1000 acres in Nelson County including the land where he now lives on Long Lick Creek. [Grant Book 11, p. 200 - Online at Library of VA] [This land probably was within the boundaries of what became Bullitt Co in 1796.]
This grant is also listed in the Filson Kentucky Land Grants book as being one of the Virginia Grants in the Counties of Kentucky.
I found a case that came before the Supreme Court for the District of Kentucky in May, 1795. Benjamin Frye v. John Essry. The case involved part of the 1000 acres that had also been claimed by the boundaries of one Jacob Myers. Jacob Myers had sold his 400 acres to Adam Shepherd who had then sold 235 acres to John Essry to whom Myers made out the conveyance. The area in dispute contained 20 1/2 acres; the discrepancy may have occurred when Myers' survey was made and right-angles were not laid off.
The description of the survey for Benjamin Frye's 1000 acres states: beginning at the Long Lick on the East side of Long Lick run, and to extend up and down the run, including an ash cabin on the left hand of a buffalo road from Long Lick to Rogers' station and a spring on the right hand of the road, and about three-quarters of a mile from said cabin, and a tree near said spring, marked R S and another near the cabin marked RS 1776, July 4, built by Swaney and Pierman and to extend north-east for quantity. The word south was made east the 29th of May, 1780 and the word south made north on 31st of May 1780.
Jacob Myers' entry stated: 400 acres, part of a treasury warrant, about six miles from Bullitt's lick on the south side of Salt River to include a cabin and some clearned land, and a spring running a south-east course and a beech tree marked IR. Adam Shepherd had bought the 400 acres and then sold 235 acres to the defendant, to whom Jacob Myers made the conveyance. John Essry had apparently had a new survey made which contained about 10 markers including the Long Lick, the old Buffalo road, the ash cabin, a beech stump [the tree with markers being missing], a spring, etc.
Decision in the lower court was that the defendant was ordered to convey the interference of 20 1/2 acres and pay cost. He appealed.
The judge was of the opinion that not all of the calls of Jacob Myers' survey were sufficiently identified as there were two beech trees marked I R at a considerable distance from each other. He felt the survey of the complainant [Frye] did have sufficiently identified calls when his entry was made and if both surveys were made consistently the complainant ought to recover all the land included in his survey which is also on the defendant's survey and land that wouldn't have been part when the originial entry was made. The decision was for Essry to deed the disputed land to Frye and pay costs.
Reporter: 1 Ky. 103.
Another case before the Supreme Court of the District of Kentucky was dated May 1800 and was Mesheck Carter v. Samuel Oldham. As usual, this was a dispute involving boundaries and a Creek which had once been called Eaton or Heaton's Creek, but later named Pottinger's Creek. There was a Prather's Creek nearby, adding further confusion and not everyone agreed that Pottinger's had ever been called Heaton's. Samuel Oldham had made an entry on 29 May 1780 for 4000 acres, later surveyed as 3,222 acres and patented obtained. Mesheck Carter's entry was made some later, 29 Sep 1780, and was for 400 acres, but his patent was of an earlier date than Oldham's. There were numerous depositions. Among these was one by Benjamin Frye, who stated that he traveled with Jonah Heaton from the State of Virginia, in the fall of 1780 and he thought him to be a man of good understanding and well qualified to attend to his own business. He had swapped horses with said Heaton. He was in his company about a month. Others testified that Oldham had agreed to give Heaton 100 acres out of every 1000 for locating the tract and Heaton had named the creek. Heaton deposed that he came to the mouth of the Kentucky River in 1775 with Col. Isaac Cox, Thomas Polke, and others. He left Cox, Daniel Holeman, Thomas Jones, and Richard & Samuel Richardson at Cox's Creek where they made improvements. They crossed a large branch of the Salt River, now called the Beech fork, and found a pretty smart creek putting into Rolling fork of the Salt. He made several improvements, and they mutually agreed to call the creek Heaton's Creek. They returned to Cox's Creek. He left Kentucky in 1775, returning in the spring of 1779, in April and remained there until the fall of 1780. He returned to Kentucky Jan 1796 and discovered the Creek was now known as Pottinger's creek, but was the same identical creek. Others that claimed to have come with Heaton in 1779 were Benjamin Carter, William Oldham, Isaac & Samuel Goodin.
Old Kentucky Land Grants. Benj. Frye, 347 acres surveyed 25 Jul 1798 on Long Lick Creek, Bullitt Co. Book 12, p.241.
Nelson Co KY. 8 Aug 1797. Benjamin Fry & wife Catherin sold Duncan McLean, lot #76 in Bardstown.
May of 1799, Benjamin Fry of Nelson Co granted good & chattels including five Negroes, horses, house & lot in Bardston, and house and 100 acres on Stewart's Creek to James Huston. In August, he sold the slaves, horse, cattle and household furnishings to James Huston for £500.
Logan County KY Court Order Book 1; p.148 21 Jun 1802 Benjamin Fry enters 400 acres of Land on the South side of Maulding's fork of Red River beginning at the corner of Michael Turnboughs with his line to a Corner of sd Frys formerly Cartwrights with his line to Thomas Barkers line with it to Peter Cartwrights line with it to John Cingards [surname ???] line with it Eastwardly thence North so far as to Include the Quantity by a line to the Beginning to include his improvements on the southeast end of the survey.
Found Deed in Logan County KY Deed Book A, p. 5-6, dated 25 May 1803 between Benjamin Frye and Catharine his wife of Logan County.....and Micajoh Roach of Nelson County.....sum of $2000.....a parcel of ground lying and being in Bairdstown in the said County of Nelson. Goes on to describe a half acre town lot - Number 94 in the town Platt on the corner of Market and Second Streets. Catherine agreed free and voluntary consent and the Deed was Recorded on the same day. Armistead Morehead, Clerk.
Hank Adams had date of death about 1801 in Bardstown, KY. Frey Journal shows date of death as 1812. This Deed signed in Logan County KY 25 May 1803 for his land back in Bardstown (County Seat of Nelson County KY)
Benjamin Frye is sometimes credited with a son named John Elias Fry. However he apparently never had children, and John Elias belongs elsewhere. John Elias Frey was the son of Jacob Frey & Elizabeth Kamp and was of Bullett Co KY - he was baptized in the Moravian Church in 1791.
Benjamin FRYE and Catherine SPEARS were married about 1789.10,31 Catherine SPEARS, daughter of HENRY SPEERS and REGINA FROMAN, was born in 1751.10,47 She died after 1816 at the age of 65.47