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Worthy Partner: The Papers of Martha Washington

By: Joseph E. Fields; Martha Washington | Book details

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Page 7
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From Benjamin Waller

Madam,

August 30, 1757

I am at a loss in drawing your power of attorney for receiving the interest or dividends of your bank stock. 1 I had formerly a printed form which I am pretty sure I gave to Mr Power, 2 to draw one by for the late Colonel. Mr Lyons3 says he remembers it, and that he believes Mr Power gave it to the Colonel; and so amongst us it is lost. I send you a general power of attorney, which you may execute before some person going to Great Britain, and send it by this fleet; it may possibly be of service till they send you a letter. It will be proper for you to get letters of administration from your clerk, send them here for the governors name and seal of the colony (all of which you may have for the fees already charged you), and to send them with the power to Messrs Cary and Co.; and desire them to send you, in proper forms and directions, what to do concerning the bank stock another year. I return the letters relating to Dunbar's appeal, which very probably received a determination before the Colonel's death. 4 I know not what further you can do than advise Mr Cary and Mr Hanbury of the time he died, to desire them to continue their case in that affair, and to instruct you what your solicitor thinks needful for you to do. In all these cases they will preserve their own forms and methods. My wife 5 tenders you her best respects and I am, madam,

Your most obedient servant

Ben Waller6

Williamsburg, August 30th 1757

Custis, Recollections, p 498-99.

1.
The Custis estate owned stock shares in the Bank of England to the amount of £1650. PGWC 6:276, 451-52.
2.
James Power was a prominent attorney of New Kent and King William Counties and served both in the House of Burgesses. He is believed to have been a native of Ireland and attended the Wakefield School in Yorkshire. He was a close friend of John Custis IV and Daniel Parke Custis and was godfather to Daniel Parke Custis 11. He was instrumental in persuading John Custis to look favorably upon the engagement of Daniel Parke Custis to Martha Dandridge. Freeman, George Washington, New York, 1948, 2:293-95. Hereafter cited as Freeman.
3.
Peter Lyons ( 1734/35-1809). He was persuaded to immigrate from Ireland to Virginia by his uncle, James Power. He studied law under Power and was licensed to practice in 1756. After his uncle's death he succeeded to his law practice. He was plaintiff's attorney in the celebrated "Parson's Cause," and later was judge of the General Court and president of the Court of Appeals.
4.
Charles Dunbar, surveyor-general of the Leeward Islands, brought suit against John Custis IV, as executor of the estate of his brother, Thomas Dunbar. The latter had married Lucy Chester, the natural daughter of Colonel Daniel Parke. John Custis IV had married the legitimate daughter of Colonel Parke. Parke had been aide to John Churchill, Duke of Marlborough, at the Battle of Blenheim and had carried the news of the victory to Queen Anne. Appointed Governor-general of the Leeward Islands, he was killed in a riot in 1709. His will left his Leeward Island property to Lucy Chester and directed his legitimate heirs

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