Benjamin LOGAN / Phebe Ledford SIMMONS

   Husband: Benjamin LOGAN         (Ancestor Chart)
      Born: ABT 1790               in: Rutherford County, NC
   Married: 12 FEB 1818            in: Rutherford County, NC
      Died: ABT 1854               in: Cleveland County, NC
    Father: Drury LOGAN
    Mother: Sarah MOORE
      Wife: Phebe Ledford SIMMONS  ()
      Born:                        in: 
      Died: 1828                   in: Rutherford County, NC
    Father:
    Mother:

Benjamin Logan

Notes:

• Benjamin Logan's exact birth and death dates are not known. He was probably born about 1789 or 1790 based on the fact that he was listed as being 52 years old in statement from the Revolutionary War pension file of his father, Drury Logan, that was dated 26 February 1842. He had died by September 1854 based on his estate papers filed in Cleveland County, NC.
• Benjamin Logan married Phebe Simmons on 12 February 1818 per a Rutherford County, NC marriage bond. According to the book by Dorthy Geneva Simmons Skelton, this was Phebe's second marriage. She was originally Phebe Ledford and was first married to William Simmons in Rowan County, NC in 1787 (the book Marriages of Rowan County, North Carolina, 1753-1868 by Brent H. Holcomb does list a marriage bond between William Simmons and Pheby Ledford dated 16 Oct 1787 with John Buis as bondsman and Jno. Macay as witness). William Simmons died sometime in the period 1801-1807 after having moved his family to Rutherford County, NC. Phebe had four children by William Simmons, but had no children by Benjamin Logan. Phebe and Benjamin's marriage was unusual in that Phebe was significantly older than Benjamin. She had children that were older than him.
• Phebe died in 1828. Her death began a long legal battle between Benjamin Logan and Phebe's son Squire Simmons over the custody of slaves that had been owned by Phebe. An 1834 decision by the North Carolina Supreme Court rejected Benjamin's claim to the slaves based on a ruling in the Court of Law. But he resubmitted the case through the Court of Equity and finally won custody of the slaves in a decision by the North Carolina Supreme Court in 1845. Numerous depositions were taken for these court cases which reveal much information about Benjamin Logan and the Simmons family. These papers are preserved in the North Carolina Sumpreme Court case files in the North Carolina State Archives. Many details from these papers are recounted in the book by Skelton.
• About the same time that Benjamin Logan won his court case, his brother Joseph Logan petitioned the court of Cleveland County, NC to "examine the state of mind of Benjamin". A jury of 12 men determined on 17 November 1845 that Benjamin Logan was a "lunatic and totally incapable of managing his own business". A guardian was appointed by the court to manage Benjamin's affairs. On 19 November 1845, three of Benjamins siblings, Joseph Logan, Sarah Logan, and Anna Logan, signed a consent recommending that the slaves be sold for the benefit of Benjamin. On 15 December 1845, Benjamin's slaves were sold at public auction at the Cleveland County Courthouse in Shelby, North Carolina. The names of the slaves were as follows: Solomon, Jacob, Harry, Poll, Nancy, Ned, Mary, Dinah, Dick, and Charity. These details are from the Cleveland County Lunatic and Guardian files of Benjamin Logan that are preserved in the North Carolina State Archives.
• The book Logan, A Directory of the Descendants of Andrew and Lydia Logan of Albany, New York and Abbeville, South Carolina by Richard K. Logan (1994) indicates that the Benjamin Logan who married Phebe Simmons was the son of Moses and Susannah (Hyder) Logan. I believe this to be incorrect based on the collection of evidence that connects this Benjamin to the family of Drury Logan. I have not seen any original record that supports it, but I cannot rule out the possibility that there may have been another Benjamin Logan who was the son of Moses and Susannah (Hyder) Logan. Moses Logan left a will in Rutherford County, NC in 1864, but it does not mention a son named Benjamin. The Benjamin Logan in Richard K. Logan's book is listed with a birth date of 11 Sep 1802. If he was born on that date, it seems likely that this was another Benjamin Logan as he would have been only 15 years old when he married Phebe Simmons on 12 February 1818. Yet another Benjamin Logan of Rutherford County, NC is listed in Richard K. Logan's book as the son of Andrew and Mary (Polly) (Hyder) Logan who married Mary Fortune on 7 August 1829. Transcriptions of the Rutherford County land records from the Bulletin of the Genealogical Society of Old Tryon County list a Benjamin F. Logan (1823) and a Benjamin T. Logan (1822). So, perhaps there were two other Benjamin Logans in addition to the Benjamin who was a son of Drury.

Land Records

Rutherford County, NC, Land Entries, p.299: No. 2134. Apr. 17, 1820, BENJAMIN LOGAN and WILLIAM K. HUNT enter 200 ac between Duncans Cr and Hinton Cr; border: BENJN. SHAW, LATTIMORE, & CHITWOOD; issued. (Pruitt, Abstracts of Land Entries, Rutherford County, NC, January 1804-April 1826, p.138)¹⁷ 

Court Records

Rutherford County, N.C. Estates, Orphans, and Others, January 1805: On motion ordered letters of administration issue Pheby Simmons & Abram Crow on the goods and chattels, rights and credits of William Simmons dec'd who entered into bond with William Carson & W. James in 800 pounds and the administrators was duly qualified and returned an inventory amt. of said estate and prays orders of sale on the state, granted, issued. (Bulletin of the Genealogical Society of Old Tryon County, May 2004, p.72)

Rutherford County, N.C. Estates, Orphans, and Others, April 1805: On motion of the court appointed James Withrow, John Lattimore, & Daniel Carson a committee to lay off to Pheby Simmons one year provision under the act of assembly in such case made & provided & make report of such allowance to next ct. issued. (Bulletin of the Genealogical Society of Old Tryon County, May 2004, p.72)

Rutherford County, N.C. Estates, Orphans, and Others, April 1805: Pheby Simmons & Abraham Crow administrators on the estate of William Simmons deceased returned into court the amt. of sale of the dec'd Amp 596.4.9 pounds. (Bulletin of the Genealogical Society of Old Tryon County, May 2004, p.73)

Rutherford County, N.C. Estates, Orphans, and Others, July 1805: Agreeable to petition filed ordered by the court that the clerk issue an order to the sheriff to summon twelve men to lay off to Pheby Simmons her right of dower on the landed estate of her late husband and report of their proceedings in our next court how that have executed this writ. Issued. (Bulletin of the Genealogical Society of Old Tryon County, May 2004, p.73)

Rutherford County, N.C. Estates, Orphans, and Others, July 1805: The commissioners that was appointed by ct. to lay off to Pheby Simmons her allowance for one year under the Act of Assembly have agreed on the same and allowed her the sum of thirty five dollars. (Bulletin of the Genealogical Society of Old Tryon County, May 2004, p.74)

Rutherford County, N.C. Estates, Orphans, and Others, October 1806: The court appointed James & William McFarland and James Chitwood Esquires a committee to settle with Pheby Simmons & Abraham Crow admire. of James Simmons deceased estate report of their settlement to our next court. (Bulletin of the Genealogical Society of Old Tryon County, August 2004, p.105)

Rutherford County, N.C. Estates, Orphans, and Others, January 1807: The committee that was appointed to settle with Abm. Crow & Pheby Simmons admr. on the estate of William Simmons deceased having examined the same do report that after all dues and demands are settled there remains the sum of $382.8.6d fifty five dollars to be reducted out of it for administration also the clerks & sheriffs fees by Wm. & Jas. McFarland & Jas. Chitwood Esqr. (Bulletin of the Genealogical Society of Old Tryon County, August 2004, p.107)

Rutherford County, N.C. Minutes of the Superior Court of Law, April Court 1816, Friday the 19th: No. 8, State vs. Levy Logan, Benjamin Logan. Indictment A.B. Defendants plead not guilty and thereupon came to a jury to wit as in No. 4 (1 William Dycus, 2 Peter Green, 3 Zachh Johns, 4 George Logan, 5 John Waters, 6 Ransom Powell, 7 Joseph Goode, 8 Walton Bradly, 9 Robert Cockram, 10 William McCurry, 11 Hugh Watson, 12 Richard Martin) who being duly sworn do find the defendants guilty of the assault & battery in manner & form as charged in the bill of indictment (the sentence of the court not yet passed).
(Bulletin of the Genealogical Society of Old Tryon County, Fall 2014, p.139)¹³ 

Rutherford County, N.C. Minutes of the Superior Court of Law, October Court 1820, Thursday the 19th: No. 7, State vs. Benjamin Logan & Levy Logan. Pleads not guilty. Thereupon came a jury to wit as follows: 1 Theoderick Birchett, 2 Elie Littlejohn, 3 James Baber, 4 Thomas Mooreland, 5 Aaron Goss, 6 William Barr, 7 George Cabiness, 8 James Moore, 9 Charles Love, 10 Robert Hany, 11 William McSwine, 12 James Bradly who finds the defendents Benjamin & Levy Logan guilty of the assault and battery in manner & form as charged in the bill of indictment. Judgment of the court that each of them pay a fine of $5 and costs.
(Bulletin of the Genealogical Society of Old Tryon County, Summer 2015, p.53)¹⁴ 

Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, November Court 1845, p.330: Upon the petition of JOSEPH LOGAN its Ordered by Court that a writ of Lunacy issue to the Sheriff ordering him to summon a Jury of twelve good and lawful men to examine into the state of mind of BENJAMIN LOGAN, who is considered a Lunatic and report from under their hands as to whether he is considered compusmentus [composmentis] and capable of doing his own business or not. (Writ Issued)
The Jury appointed under the order of the Court to enquire into the state of the mind of BENJAMIN LOGAN, make the following report to wit:
North Carolina, Cleaveland County
The undersigned Jurors having been summoned to enquire into the state of the mind of BENJAMIN LOGAN of said County met at the House of THOMAS COOPER in the Town of Shelby and being duly sworn, proceeded to make the said inquest Several witnesses were examined after being duly sworn from whose testimony we report & say that the said BENJAMIN LOGAN is an idiot or Lunatic & totally incapable of managing his own business 17th Nov 1845, witness our hands & seals
WM H CABANESS, J W CABANESS, JOHN H PELLER, W A TISDALE, ANDREW PARKER, H CARPENTER, J K WELLS, P WARLICK, JACOB HAYNES, A S ELAM, ELI LUTZ, D GARDNER
The Jury appointed to examine into the state of the mind of BENJAMIN LOGAN having made the above report, Its ordered by the court that SAMUEL LATTIMORE be appointed Guardian for the said BENJAMIN LOGAN. SAMUEL LATTIMORE comes into Court and gives bond payable to the state of North Carolina in the sum of Four Thousand dollars with PRIER MCENTIRE, JOSEPH LATTIMORE, CHRISTOPHER CARPENTER, & JOHN HUNT securities for the faithful discharge of his duty in managing the proceeds of the estate of BENJA LOGAN a Lunatic which bond was approved by JAMES ROBERTS, COLEMAN DOGGETT, and W A TISDALE Esquires on the bench. (Caldwell, Court of Pleas and Quarter Sessions, Cleveland County, NC, 1844-1845, p.149-150)¹ 

Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, May Court 1846, p.380: It appearing to the satisfaction of the Court that SAMUEL LATTIMORE is dead (Guardian of BENJAMIN LOGAN) JOSEPH C LATTIMORE was by the Court appointed Guardian for the said LOGAN, he gave bond payable to the state of North Carolina in the sum of Seven thousand dollars with JOHN K WELLS, LEWIS MCCURRY, FRANCIS LATTIMORE, & JOSEPH HUNT securities, which bond is approved by J.R. LOGAN, B.B. BRIDGES, FRANKLIN OATS, and S.V.FALLS, Esquires on the bench. (Caldwell, Court of Pleas and Quarter Sessions, Cleveland County, NC, 1846-1847, p.40)² 

Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, May Court 1846, p.388: The Court appointed JOSEPH C LATTIMORE guardian of BENJAMINE LOGAN he gave bond in the Sum of Seven thousand dollars with JOHN K WELLS, LEWIS MCCURRY, FRANCIS LATTIMORE, and JOHN HUNT securities for the faithful discharge of his duty in managing the estate of BENJAMINE LOGAN (lunatic) which bond was approved by J R LOGAN, B B Bridges, FRANKLIN OATS, and A V FALLS esquires on the bench see guardian docket page 111. (Caldwell, Court of Pleas and Quarter Sessions, Cleveland County, NC, 1846-1847, p.48)² 

Cleveland County, North Carolina, Superior Court, Fall Court 1847, p.181: JOSEPH LOGAN vs. BENJAMIN LOGAN [illegible] case, Judgement by default entered now as of Last Term of this court Upon this default & injuring come This following Jury Sworn & Empanneled towit: 1. John Carpenter, 2. J. M. Ware, 3. John Wright, 4. W. H. Green, 5. Joseph Herndon, 6. Alexander Wilson, 7. Wm A Tisdale, 8. James Roberts, 9. John H Peeler, 10. William Hendrick, 11. T. M. Hardin, 12. Thomas Wilson. Which Jury assess Plaintiff damage at Two Hundred and four dollars & Fifty Eight Cents (204.58) of which sum $120 58/100 Dollars is princeple money at Interest from the 29th day of December 1847 until paid & costs. No Execution until ordered by John Hunt. (Thompson, Cleveland County, North Carolina, Superior Court Minutes, 1841-1848, p.132)¹⁹ 

Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, September Court 1854, p.457: JOSEPH LATTIMORE is appointed Administrator of the Estate of BENJAMIN LOGAN deceased he gave bond payable to the State of North Carolina in the sum of Twenty four hundred dollars G.M. GREEN and W.W. GREEN as security which Bond was approved by the court B. GOFORTH Chr., WM M GOLD, and W H CABANISS Esqrs present. (Caldwell, Court of Pleas and Quarter Sessions, Cleveland County, NC, 1853-1854, p.97)³ 

Abstract of the 1854 Cleveland County Estate Papers of Benjamin Logan:
Benjamin Logan, 1854
Spring 1854: Petition of Joseph Lattimore, administrator of Benjamin Logan dec'd - that he has paid the debts of the estate - that Joseph, Anna, Sarah, Phillip, Lee Logan & the minor children of Wm. Grissen [ed. note: Grayson] are the next of kin of the intestate; he is the guardian of Sarah who is a lunatic.
(Bulletin of the Genealogical Society of Old Tryon County, Nov 1996, p.183)⁴ 

Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, December Court 1854, p.487: JOSEPH C. LATTIMORE Guardian for BENJAMIN LOGAN a Lunatic files his report of said Estate and commissions is allowed him by the court of ($249.55) Two hundred and forty nine dollars and fifty five cents which is five per cent on his Receipt & disbursements. (Caldwell, Court of Pleas and Quarter Sessions, Cleveland County, NC, 1853-1854, p.118)³ 

Sources:

1. Caldwell, Juanita Evans. Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, 1844-1845. Broad River Genealogical Society [Shelby, NC]. [ p.149-150: Reference to Benjamin Logan. ]
2. Caldwell, Juanita Evans. Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, 1846-1847. Broad River Genealogical Society [Shelby, NC]. [ p.40, 48: References to Benjamin Logan. ]
3. Caldwell, Juanita Evans. Cleveland County, North Carolina, Court of Pleas and Quarter Sessions, 1853-1854. Broad River Genealogical Society [Shelby, NC]. [ p.118, 457: References to Benjamin Logan. ]
4. "Cleveland County, NC, Estates", Bulletin of The Genealogical Society of Old Tryon County, Forest City, NC. Nov 1996, p.183. [ Includes an abstract of the 1854 estate papers of Benjamin Logan. ]
5. Devereux, Thomas, and William H. Battle. Reports of Cases at Law Argued and Determined in The Supreme Court of North Carolina, From December Term 1834 to June Term 1836, Both inclusive. Turner and Hughes, Raleigh, 1837, Volume I. (Scanned copy (515.4 Kbytes)). [ p.13-17: Details the 1834 decision of the NC Supreme Court which went against Benjamin Logan in his case against Squire Simmons. ]
6. [Estate Papers of Benjamin Logan (1854)]. Cleveland County loose estate papers, file C.R.026.508.35, North Carolina Department of Archives and History, Raleigh. 2 p. (Photographs of originals made 10 Dec 2010 (3.9 Mbytes)).
7. [Guardian's Records of Benjamin Logan]. Cleveland County loose guardian's records, file C.R.026.510.4. North Carolina Department of Archives and History, Raleigh, NC, 28p. (Scanned copy of original made 1 Sep 2006 (53.7 Mbytes)).
8. Holcomb, Brent H. Marriages of Rutherford County, North Carolina, 1779-1868. Baltimore, MD, Genealogical Publishing Co., 1986. ISBN 0-8063-1144-4. [ p.90: Lists marriage bond for Benjamin Logan and Phebe Simmons, 12 Feb 1818, Wm. Grayson bondsman. ]
9. Iredell, James. Reports of Cases in Equity Argued and Determined in The Supreme Court of North Carolina, From December Term 1843 to June Term 1845, Both Inclusive. Turner and Hughes, Raleigh, 1845, Volume III. (Scanned copy (1.0 Mbytes)). [ p.487-501: Details the 1845 decision of the NC Supreme Court which went in favor of Benjamin Logan in his case against Squire Simmons. ]
10. Iredell, James. Reports of Cases in Equity Argued and Determined in The Supreme Court of North Carolina, From June Term 1849 to June Term 1850, Both inclusive. Seaton Gales, Raleigh, 1850, Volume VI. (Scanned copy (526.2 Kbytes)). [ p.180-183: Details the 1849 decision of the NC Supreme Court which went against Benjamin Logan in his case against Squire Simmons. ]
11. [Lunacy Records of Benjamin Logan]. Cleveland County loose lunacy records, file C.R.026.919.1, North Carolina Department of Archives and History, Raleigh, 5p. (Scanned copy of original made 14 Dec 2007 (14.2 Mbytes)).
12. [Marriage Bond of Benjamin Logan and Phebe Simmons (1818)]. Rutherford County loose marriage bonds, North Carolina Department of Archives and History, Raleigh, 1p. (Scanned copy of microfilm of original marriage bond (1.9 Mbytes)).
13. Minutes of Superior Court of Law, Rutherford County, N.C. [1816-1817], Bulletin of The Genealogical Society of Old Tryon County, Forest City, NC. Fall 2014, p.135-148. [ p.139: Court case referencing Levy and Benjamin Logan. ]
14. Minutes of Superior Court of Law, Rutherford County, N.C. [1820-1821], Bulletin of The Genealogical Society of Old Tryon County, Forest City, NC. Summer 2015, p.52-64. [ p.53: Court case referencing Benjamin & Levy Logan. ]
15. North Carolina Supreme Court Case 2262, Benjamin Logan vs. Squire Simmons (1834). North Carolina Department of Archives and History, Raleigh, 9 p. (Photographs of originals made 10 Dec 2010 (6.1 Mbytes)).
16. North Carolina Supreme Court Case 3945, Benjamin Logan vs. Squire Simmons (1845 and 1849). North Carolina Department of Archives and History, Raleigh, approximately 205 p. (Photographs of originals made 10 Dec 2010 (131.2 Mbytes)).
17. Pruitt, Dr. A. B. Abstracts of Land Entries, Rutherford County, NC, January 1804-April 1826. [North Carolina], 1994. [ p.138: Reference to Benjamin Logan. ]
18. Skelton, Dorothy Geneva Simmons. The Squire Simmons Family, 1746-1986. Bailey Printing, Charlottesville, VA, 1986. ISBN: 0-9616290-0-2. [ Includes many details of the marriage of Benjamin Logan and Phebe Ledford Simmons, as well as the law suit that Benjamin brought against Phebe's son, Squire Simmons. ]
19. Thompson, Ann Jones. Cleveland County, North Carolina, Superior Court Minutes, 1841-1848. Broad River Genealogical Society [Shelby, NC], 1995. [ p.132: Reference to Benjamin Logan. ]
20. Williams, Edward Peele. Descendants of Amos and Rachel Webb McCurry, late 1700's-1992. Published by E.P. Williams, 1992. [ p.53-71: Includes information relating to Benjamin Logan and Phebe Ledford Simmons. ]