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:


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)15 


Court Records

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)17 

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. 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)).
  14. 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)).
  15. Pruitt, Dr. A. B. Abstracts of Land Entries, Rutherford County, NC, January 1804-April 1826. [North Carolina], 1994. [ p.138: Reference to Benjamin Logan. ]
  16. 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. ]
  17. 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. ]
  18. 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. ]


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