From Benjamin Waller
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.
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
you her best respects and I am, madam,
Your most obedient servant
Williamsburg, August 30th 1757
Custis, Recollections, p 498-99.
The Custis estate owned stock shares in the Bank of England to the amount of £1650. PGWC 6:276, 451-52.
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
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.
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