Third Generation

31. Benjamin FRYE Jr.^2,42,43 was born in 1730 in Perkiomen, Philadelphia County, Pennsylvania.⁸ He died before January 1813 at the age of 83 in Shelby County, Kentucky.²⁰

Frederick Co DB 6, 136-140, 140-143
1-2 Dec 1760 Paul & Elizabeth Froman, living just to the east of Benjamin Fry, sold him two tracts, one of 11 acres, another of 214 acres - for 25 shillings. These were deeds of lease and release. Both tracts were Fairfax grants to Froman said dated 3 Apr 1753. The larger tract joined the Little North Mountain on the drains of Cedar Creek, beginning corner to another tract of Froman's above a spring; one side bounded by Joseph Fawcett.
2-3 Jun 1766, the same tracts were sold back by Benjamin & Catherine Fry to Paul Froman who paid 50#'s 5sh.
Frey Family Association Journal, Spring 2011, p.43
Note: Catherine's surname is unknown ...could she have been a Froman daughter?

12 Feb 1759. Hampshire Co. Thomas Hughes & Susannah his wife of Hampshire Co, sold to Henry Fry of Frederick Co, 219 acres on Great Cape Capon. On the same day, Hugh Hughes and his wife, also Susannah, of Hampshire Co sold 33 acres to Benjamin Fry of Frederick Co, along Cape Capon Creek.
Both deeds seem to have been recorded a second time and both Frys were then noted as being of Hampshire Co. The deed to Benjamin Fry on 6 May 1763, stated the grantors were Susanna Hughes, widow, and William Hughes, eldest son of Hugh Hughes. The deed for the 219 acres was essentially the same and dated 8 Jun 1761. The will of Hugh Hughes was entered for probate that same month.
Three days after the last deed, 8 Jun 1761, Benjamin Fry sold his 33 acres to Henry.
Frey Family Association Journal, Spring 2011, p.45

1764 Rent Rolls of Frederick Co, VA - Benjamin Fry.

1 Dec 1772. Warrant for Survey - which was then dated 31 Jul 1773. 444 acres, Frederick Co granted by Fairfax, 23 Jan 1775. When Benjamin Fry Junr applied for the warrant he stated there was about 400 acres of waste & ungranted land adjoining his own old tract & new tract, Jacob Fry's late entry and land of Jacob Hite on Cedar Creek.

11 & 12 Nov 1774. Deeds of Lease & Release from Abraham Farrell [also written as Farree] and Elizabeth his wife to Benjamin Fry. Three tracts of land of 300, 214 and 60 acres, for a total of 574 acres, which had been sold to Farrell by Paul & Elizabeth Froman on 2 & 3 Nov 1767, recorded in Frederick Co. One of these tracts was the 214 acres that had previously changed hands between Paul Froman and Benjamin Frye. Frederick Co DB 19, 132-137, recorded 3 Aug 1780.

25 Apr 1775. 74 acres. Benjamin & Katherine Frye said to be from Frederick Co, the land sold was lying in Dunmore (Shenandoah) Co "whereon Benjamin now liveth". This seems to be a discrepancy - Dunmore having been formed barely three years. Sold to Nicholas Schull [or Shull] of Dunmore. The land was on Cedar Creek adjacent Jacob Frye, corner to John Bransons 1000 acres grant. Shenandoah Co DB B, 111-115; recorded the same day.
This 74 acres seems to be a part of the 574 because the 300 acre tract was part of the John Branson 1000 acre grant. Later Benjamin mortgages the entire 574 acres, so perhaps it was not part, or it reverted back to Benjamin Frye at some point.

Frederick Co, VA Deeds:
27 May 1778, Benjamin Fry witnessed a deed between Isaac Zane & Henry Brill, land on Cedar Creek, John Richard's line. (Isaac Zane was a neighboring boundary to Paul Froman earlier so now Benjamin Fry's neighbor)
2 Mar 1779, Benjamin Fry witnessed a deed from Simon & Mary Taylor to Isaac Zane, on a drain of Cedar Creek.
21 Apr 1779, Benjamin Fry witnessed the deed of Isaac Zane to Jacob Fry, corner to the land of Benjamin Fry, deceased (his father). The land Benjamin Jr. had acquired was next to or near the old Fry land that Jacob had come to own.

21 Nov 1783. Mortgage deed for 574 acres - the three tracts bought from Abraham Farrell. David Whitmore held the mortgage for 336#'s. It was for six years. Whitmore was of Lancaster Co PA. Witnesses were David Kennedy, Robert Jamison & John Thomas. Benjamin signed with his mark; no wife was named. Frederick Co DB 20, p.240-244

2 May 1785. The above mortgage was assigned to Isaac Sittler and renegotiated for 344#'s and the term extended to eight years.

3 Sep 1789. Benjamin Frye received a grant for 190 acres in Hampshire Co, on the waters of the Great Cacapehon adjoining land of Henry Fry and Samuel Baker, deceased.

In 1790, no exact date recorded, Isaac Sittler acknowledged that the mortgage against Benjamin Frye had been fully & fairly paid. Wit: Abraham Sitler, Henry Fridley, and Philip Pendleton. Frederick Co DB 439-441; recorded 4 Dec 1792

3 Apr 1791. Benjamin Frye and wife Catherine sold to John Cartmell, 115 acres for 200#'s. The tract was part of a larger tract of 214 acres. Frederick Co DB 23, p. 725-727.

29 Apr 1793. Benjamin Frye and Catherine sold to Benjamin Fry Junr, two tracts - one of 118 acres, the other 25 3/4 acres - for 200#'s. Description of the smaller tract mentions waters of Cedar Creek, the Little North Mountain; the north edge of the great road to Winchester; line of Benjamin Fry's 214-acre tract. This smaller 25 3/4 acres was part of 300 acres original sold to Paul Froman by John Branson, 28 Jun 1739. The 118-acre tract was part of a larger tract of 214 acres granted Paul Froman, deceased, 3 Apr 1753; south east of Little North Mountain; adjoining the smaller tract; Isaac Zane's land and John Carmell's property. Wit: Joseph Longacre, Joseph Fawcett, Arariah Edward. Frederick Co DB 23, 695-699; recorded 7 May 1793.

14 Apr 1794. Benjamin Fry Senr and Katherine his wife sold 209 acres to John Shoemaker for 60#'s. The land was in Hardy Co adjoing Henry Frye and Samuel Baker on the waters of the great Cacpihon granted 3 Sep 1789. [The grant was for 190 acres]
Strangely this deed states that Elizabeth, wife of Benjamin Frye was privily examined - apparently an error.

Frederick Co VA. On 3 Apr 1797, Benjamin & Catherine Fry sold to Isaac Frye three tracts totalling 233 acres for 300#'s. The first tract, 56 acres was part of 300 acres conveyed by John Branson to Paul Froman and by him to Abraham Ferree and by Ferree to the said Benjamin Frye. The second tract was 159 acres, part of 353 acres granted to Paul Froman, sold to Abraham Ferree and then to Benjamin Frye. The third tract was 18 acres adjoining the others, part of 444 acres granted 3 Jan 1775 to Benjamin Frye. All parties were of Frederick Co. Benjamin signed with his mark; Catherine apparently signed her own name. Wit: Joseph Longacre, Nathaniel Cartmell, and Joseph Fawcett. Frederick Co DB 25, p.59-61.
Isaac Frye and Catherine his wife, sold the same three tracts to Benjamin Fry, tanner, in October of 1800. [Isaac's brother Benjamin Fry] Wit: Joseph Longacre, P. Williams, Joseph Frye, John Arch Deacon, Jas. Singleton. Catherine could not travel to court but her consent was obtained 16 Oct 1800. Williams & Singleton proved the deed 5 Apr 1802. On 5 Jun 1826, Longacre long being dead, his signature was proved by oath of Philip P. Boucher and the deed was finally recorded. Frederick Co DB 51, p.378-381.

1 Oct 1800. Benjamin Frye Senr and Catharine his wife sold three tracts of land to Philip Williams for $5,000. The Fryes were still of Frederick Co; Williams of Shenandoah. The tracts fell in both counties, on and near Cear Creek. One was 179 acres, part of 300 acres conveyed to the said Benjamin Frye by Paul Froman, part of John Branson's 1000-acres grant. It was on Froman's Run, near a sawmill, corner to Isaac Frye, also adjoined Benjamin Frye, Isaac Zane and a corner to Williams' 74 acre tract. Another tract of 102 acres, part of 444 acres granted Benjamin Frye 23 Jan 1775; also adjacent to Isaac Zane and Isaac Fry. The third tract was 186 acres, another part of the 444-acre tract; corner to George Hite, Isaac Frye, George Renner line; Luptons line. Again Benjamin signed with a mark; Catherine signed her name. Wit: Jas. Singleton, Joseph Longacre, Saml. Croudson, Martin Cartmell, Isaac Fry. Catherine could not conveniently travel to court and Joseph Longacre and James Singleton were commissioned to obtain her release - they reported back on the same day. Samuel Croudson proved the deed 2 Oct 1880; but not until 24 Apr 1806, did the other two witnesses sign so the deed could be recorded.

In 1800, Benjamin Frye was deeded 3000 acres from Isaac Hite, on the waters of Benson Creek in Jefferson Co a portion of which became Shelby Co KY. Both Isaac Hite and Benjamin Fry were stated to be from Frederick Co VA at that time.

The date of death usually cited as 20 Jun 1813 is incorrect. Note dates of will and when it was proved below. He must have died in January rather than June.

Shelby Co Will Book 3, p.46
Will dated 20 Jun 1812, Proved January Court 1813. Shelby County, KY. Signed in presence of Jacob Froman, James Ferguson, George Shindlers. Executors: Catharina, wife and Elijah, son. Samuel to be cared for by Elisha/Elijah. Also names: sons Henry, Martin. Daughters: Elizabeth Furguson (Campbill Furguson); Rebecka Jonson with children named John, Henry, Benjamin, Rebeca, Catherinah, Nicholas; Sarah Clousiere, Catharinah Cartmill [error - must mean Christina since Catherina is named, too], Catharina Frye and her son Isaac. Benjamin and Isacc $1 as they have their share.
Witness: Jacob Froman, James Ferguson, George Shindler.

Benjamin FRYE Jr. and Catherine [FRYE] were married about 1757 in Frederick County, Virginia.⁴² Catherine [FRYE]²⁰ was born (date unknown).

Was Catherine a Froman - there was an exchange of land with Paul Froman, and the families were closely associated.

Benjamin FRYE Jr. and Catherine [FRYE] had the following children: