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Colonial and State Records of North Carolina
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Power of attorney for John Campbell and Henry Eustace McCulloh to act for Henry McCulloh
McCulloh, Henry, ca. 1700-1779
March 26, 1761
Volume 06, Pages 569-573

[From MSS. Records in Office of the Secretary of State.]
McCULLOH AND THE McCULLOH GRANTS.

To all To whom these presents shall Come I Henry McCulloh Late of Soracte in the province of North Carolina in America But now of the Parish of Chiswick in the County of Middlesex and Kingdom of Great Britain Esquire send Greeting

Whereas His Late Majesty King George the Second did by his Order in Council bearing Date the nineteenth day of May One thousand Seven hundred and thirty seven Order and Direct the Surveyor General of the said Province of North Carolina or His Deputy to lay out and Survey to Murray Crymble and James Huey the petitioners in the said Order in Council mentioned and to their associates Twelve hundred thousand Acres of Land in the frontier parts of said province in such proportions as should be required by them And also that Gabriel Johnston Esqr the then Governor of said province should pass Grants of the said Lands when so surveyed to the said Murray Crymble and James Huey and their Associates in such manner and in such proportions as should be required by them provided that no Grant contained less than Twelve thousand Acres and that such conditions were inserted therein as by the said Order in Council are Directed,

And Whereas the said Murray Crymble and James Huey only acted in the said Petition in Trust for me the said Henry McCulloh and for my use and the use of others associated with me as appears by two Declarations of Trust under their hands the One bearing Date the thirteenth day of December One thousand Seven hundred and thirty-six [1737] And the Other the Twenty second day of May One thousand seven hundred and Forty And Whereas I the said Henry McCulloh under and by Virtue of several Grants bearing Date the Third Day of March One thousand seven hundred and forty-five old stile and passed under the seal of the aforesaid province to me the said Henry McCulloh in pursuance of the Aforesaid Order in Council am well and Truly Intitled to a great part of the said Twelve hundred thousand Acres of Land To Hold to me my heirs and assigns in fee simple

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for ever (subject to the conditions in the said Grants mentioned and to the subsequent Directions which have been given thereupon By His said Majesty's order in Council Dated thirteenth October One thousand seven hundred and fifty six) which Grants are now of Record in the Secretary's Office in North Carolina aforesaid—That is to say particularly Whereas I am Intitled to Eight Grants each of them containing Twelve thousand five hundred Acres of Land Lying on the Branches of Pedee and Wharee Rivers in North Carolina aforesaid made out in the name of Doctor William Houston in Trust and for the use of me my heirs and assigns forever making together one hundred thousand Acres of Land called or known by the name of Tract No 8 and also to Eight other like grants lying on Pedee River aforesaid made out to me the said Henry McCulloh and the use of me my heirs and assigns forever making together One hundred thousand Acres of Land more known by the Name of the Tract No 9. And also to Eight other Like Grants Lying on the Branches of Pedee River aforesaid making together one hundred thousand Acres of Land more known by the name of Tract No 10 Two of which last mentioned Eight Grants are made out in the name and for the use of me the said Henry McCulloh my heirs and assigns forever and the other six in the Name of the aforesaid Doctor William Houston in Trust and for the use of me my heirs and assigns forever. And also to Six of Eight other like Grants containing twelve thousand five hundred acres each Lying upon Flatt Enoe and Tar Rivers in North Carolina aforesaid making together twenty five thousand Acres of Land more being part of a Tract of one hundred thousand acres of Land known by the name of the Tract No 12 which said six Grants Last mentioned are made out in the name and for the use of me the said Henry McCulloh my heirs and assigns forever As by all and singular the several beforementioned Grants bearing Date the third of March one thousand seven hundred and forty five (old stile) as aforesaid and now remaining of Record in the said Province of North Carolina may and will more fully and at Large appear. And Whereas by virtue of another Grant passed under the Seal of the said province of North Carolina to me the said Henry McCulloh my heirs and assigns forever in pursuance of another order of his said Majesty in Council and Bearing Date the said third day of March one thousand seven hundred and forty five, I am also Intitled to Seventy one thousand acres of Land and upwards situate and Lying Between the North East Branch of Cape Fear River and Black River in the said Province To hold the same
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to the use of my heirs and assigns forever. And Whereas I the said Henry McCulloh am fully and Lawfully Intitled (subject to certain Conditions) to the whole of the several Grants and parcels of Land herein before particularly mentioned amounting together to four hundred and forty six thousand acres of Land and upward the right and property of all which Lands is now remaining vested as aforesaid in me and not assigned Disposed of or made over to any person whomsoever. And Whereas after the Date of all the aforesaid Grants upon the Extension of the right Honble John Earl Granville's line in North Carolina, the far greater part of the aforesaid Land that is to say of the Tract No8 and the whole of the Tracts No9, 10 and 12 fell within the said lines whereupon to remove all disputes which might have been occasioned thereby the said Earl by an agreement in writing executed in form between his Lordship and me the said Henry McCulloh and bearing date the thirteenth day of December One thousand seven hundred and forty five did Declare Contract and agree that I the said Henry McCulloh my heirs and assigns should enjoy under his Lordship and his heirs all the privileges and rights which we were Intitled to under the Crown and his Lordship thereby and frequently since declared that he gave positive Orders to His Agents in North Carolina That I the said Henry McCulloh should not be molested in my said property And Whereas by reason of many and sundry matters the far Greater part of the people settled on the aforementioned Lands belonging to me have not hitherto had titles made out to them from me the said Henry McCulloh for the lands they are seated on whereby they are liable to Lose their improvements and from which cause I have hitherto been Deprived of the Just benefits I expected to receive from the said Lands And Whereas there are Divers other matters necessary to be done relative to the said Lands Now Know all men by these presents that I the said Henry McCulloh have made Ordained Constituted authorized nominated and appointed And by these presents do make ordain constitute Authorize Nominate and appoint John Campbell Esquire merchant in North Carolina aforesaid and my son Henry Eustace McCulloh my true and Lawful Attorney and Attorneys for me and in my Name Jointly and severally to do and perform all and all manner of Lawful acts and things relative to the premises in as full and ample manner as I myself might or could do being personally present And (amongst other things) for me and in my name and for my Advantage Jointly and Severally to sett sell Bargain Alien in fee or otherwise dispose of forever any part or parts of
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the said lands to any person or persons whomsoever and in such Quantity and manner as they or either of them shall think most for my benefit and to make out and Execute either Jointly or severally Good and Sufficient Deeds or other Writings on my behalf to the person purchasing the same, and to warrant the quiet enjoyment of the said Lands from me my heirs and assigns to such purchasers And I do hereby authorize and empower my said Attorney and Attorneys Jointly or severally to bring any Bill Action Suit or other procedure for the recovery of all or any Quit rents or other sums of Money Grown or to Grow due to me from any person whomsoever, for or on account of the said lands or any other matter or thing and to recover and receive and Give acquitances for the same and likewise for me and on my behalf Jointly and severally to use all as such Legal and Equitable methods to preserve my title and property in the said Lands and premises secure and unmolested against all persons whomsoever as to them or either of them shall seem meet. And an Attorney or Attorneys under them or either of them for the purposes aforesaid Jointly and severally to make and to revoke And I the said Henry McCulloh do hereby revoke countermand and make void to all Intents and purposes all former power or powers Letter or Letters of Attorney heretofore Given by me to any person or persons whomsoever to act for me relative to the lands and premises herein mentioned And I do hereby Declare that no Act or Deed to be done under any Such former powers after notice had of these presents is to be deemed or taken as my Act or Deed And Lastly as it is impossible for me the said Henry McCulloh to foresee or Direct the several matters which may be necessary to be done in and about the premises for my Advantage And as I have an entire Trust and Confidence in both my said Attorneys I do hereby Give and Delegate unto them and each of them the most full and Ample Powers I Lawfully may to Enable them to Act either Jointly or severally relative to the Lands and premises herein mentioned as fully in every respect as if I myself might or could do if I were personally present Hereby Ratifying allowing and confirming all and whatsoever my said Attorney or Attorneys Jointly or severally shall Lawfully do or cause to be done in and about the premises by virtue of these presents In Witness whereof I the said Henry McCulloh have hereunto set my hand and seal this twenty sixth day of March In the first year of the Reign of Our Sovereign Lord George the Third By the Grace of God of Great
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Britain France and Ireland King Defender of the Faith &c And in the Year of Our Lord Christ One thousand seven hundred and sixty one.

HENRY McCULLOH [Seal.]
Signed Sealed and Delivered in the presence of us.
David Meade
Wake Welsh

David Meade of Nansemond County Virginia Esquire maketh Oath and saith that the paper writing hereunto Annexed and marked with the Letter A and purporting to be a power of Attorney from Henry McCulloh of the County of Middlesex in the Kingdom of Great Britain Esqr to Messrs John Campbell and Henry Eustace McCulloh, was duely Executed by the said Henry McCulloh in the presence of him this Deponent and that he did see the said Henry McCulloh duely sign seal and Deliver the same And this Deponent further saith that the name Henry McCulloh set to the paper writing is the proper hand writing of the said Henry McCulloh And that the name David Meade set as one of the subscribing Witnesses to the Execution of the said paper writing is of the proper hand writing of him this Deponent & further said not.

DAVID MEADE

Sworn before me July 1st 1761
Josiah Riddick
Registered in the Registers Office in Orange County in Book G Page 106
Test—
WILL: CHURTON Pub Regr
Endorsed