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Colonial and State Records of North Carolina
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Power of attorney for Benjamin Heron and John Rutherford to act for Thomas Frankland
Frankland, Thomas, Sir, 1718-1784
April 11, 1761
Volume 06, Pages 549-551

[From MSS. Records in Office of Secretary of State.]

On the Eleventh day of April in the year of our Lord One thousand Seven hundred and Sixty one Before me William Tudman

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Notary and Tabellion publick Dwelling in London Duly admitted and Sworn and Witnesses Personally appeared Thomas Frankland Esquire Vice Admiral of His Majestys fleet and heretofore Commander of the Rose man of War Who Declared to have made, Ordained Constituted Authorized and appointed and by these presents doth make ordain Constitute Authorize and appoint Benjamin Heron and John Rutherford of New Hanover County in the Province of North Carolina (at present in London) Esquires his true and lawfull Attorneys Giving and hereby Granting unto his said Attorneys or either of them Jointly or Severally full power and lawfull Authority for him the said Constituent in his name and for his use to Enter into and upon and take possession of all and Singular the Lands Houses Plantation or Plantations Negroes Chattels Estate and Effects whatsoever Situate lying and being in the Province of North Carolina aforesaid Mortgaged to him the said Thomas Frankland by Eleazer Allen late of Cape Fear in North Carolina Esquire—deceased for the Sum of Fifteen hundred pounds Sterling And to foreclose the deed or Indenture of Mortgage Given and Granted as aforesaid in order to Secure the payment of the said Sum of Fifteen hundred pounds Sterling and all Such Sum and Sums of money as now or hereafter shall become due and payable for Interest thereon And further for him the said Thomas Frankland (in case of the death of Sarah Allen Widow of the said Eleazer Allen deceased) to appear in any Court or Courts whatsoever in the Province of North Carolina aforesaid thereto Obtain Get Receive and take out Letters of Administration to the Goods Chattels Rights and Credits of the said Sarah Allen or the said Eleazer Allen deceased and to ask demand levy Sue for and by all Lawfull ways and means recover and Receive of and from all and every or any person or persons whatsoever whom it shall or may Concern Inhabiting or being in the Province of North Carolina aforesaid All such Sum and Sums of money Goods Wares Merchandize Effects Estate and things whatsoever as now or hereafter shall be due Owing and payable to him the said Appearer in his own Right or by virtue of any Letters of Administration that shall or may be Granted for the estate and Effects of the said Sarah Allen or the said Eleazer Allen deceased whether by Bond Note Bill Book debt Account Consignment Contract Agreement decree Sentence Judgment Execution Extents or for by or upon any other Account way reason or means soever nothing in Law or Equity Excepted or Reserved. And Further for him the said Appearer in his Name and for his use to grant Bargain Sell and dispose of all and
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Singular the Lands Houses Plantation or Plantations Negroes Chattels Estate and Effects Mortgaged and Set over to him the said Thomas Frankland by the said Eleazer Allen deceased at and for the most and best price and advantage that can be had or got for the same take and Receive the Consideration Money from the purchaser or purchasers thereof or any part thereof and thereupon to Sign Seal duly Execute and deliver any Deed or Deeds of Conveyance Assignment or other act or writing needful and necessary for assigning and Setting over the said Mortgage premises or any part thereof. And one or more Acquittances or other Sufficient Discharges to give Sign and Execute for Such Consideration or purchase money. But in Case of Refusal or delay by all and every or any person or persons concerned to make and Render Just and true Account payment delivery and Satisfaction in the premises him her them or either of them thereunto to Compell by all lawfull ways and means whatsoever Also (if need be) to appear before all or any Lords Judges and Justices in any Court or Courts thereto—Answer defend and Reply in all Matters and Causes touching or Concerning the premises to do Say pursue Implead Seize Sequester distrain Attach Arrest imprison and to Condemn and out of Prison again to deliver Also to Compound Conclude and Agree by Arbitration or otherwise as his said Attorneys or either of them Jointly or Severally shall think fit. And Generally in and Concerning the premises to do perform and Execute all and whatsoever Shall be requisite and necessary as fully amply and Effectually to all intents Constructions and purposes as he the said Constituent might or could do if personally present. With power to substitute one or more Attorneys under them or either of them with like or limited power and the Same again to Revoke. He the said Thomas Frankland hereby Ratifying confirming and holding for good and valid all and whatsoever the said Benjamin Heron and John Rutherford or either of them Jointly or Severally their or either of their Substitutes shall lawfully do or cause to be done in or about the premises by Virtue of these presents. Thus Done and passed in London aforesd in the presence of the under written Witnesses.

THOs FRANKLAND (Seal)