Copied in: FHL US/CAN Film 24248 - Deeds, v. GG-II, KK 1856-1866 

A Power of Attorney from FF Calmes to WW Calmes

      Know all men by these presents that I Fielding F. Calmes of the District of Laurens in the State of South Carolina have made constituted and appointed, and by these presents do make constitute and appoint my son WW Calmes of Newberry District in the state aforesaid my true and lawful attorney for me and in my name to enter into and take possession of all the real estate belonging to me, situate in the District of Newberry and Laurens in the State aforesaid and to sell the same at public auction on the fifth and following days of December A.D. 1855 after duly advertising it, on a credit for two years with interest from the day of sale, in such parcels and tracts as I have recommended laid off, and for me and in my name to make execute acknowledge and deliver unto the purchaser or purchasers thereof good and sufficient conveyances with warrant of the same and to demand receive and collect all sums of money which shall become due and payable to use by reason of such sale orders

I further authorize and empower my said attorney for me and in my name to take possession of all my personal property of whatever kind or creature except my negro woman Isabel and my negro girl Dixay and after duly advertising the same to sell all of the said personal property at public on the fifth following days of December AD 1855, on a credit of twelve months with interest from the day of sale for all sums of and over twenty five dollars, and for all sums ? twenty five dollars cash, taking notes and approved securities for the credit portion, I further authorize and empower my said attorney for me and in my name to ask recompense sue for, recover and receive all such sum or sums of money debts goods wares and other demands whatsoever, which is or shall be owing payable and belonging to use by any manner of means whatsoever and to take all lawful means and ways in my name for the purpose aforesaid and upon the receipt of any such debts due or sums of money acquittances or other sufficient discharges for me and in my name to make seal and deliver.  I further authorize and empower my said attorney to settle up and recessist all my business of every kind pay discharge and liquidate all just and legal debts and liabilities taking proper receipts and acquitances for the same.  I further authorize and empower my said attorney to pay all the ingoing expenses attendant upon his agency out of my Estate and to retain for his trouble as my said attorney the sum of two hundred dollars.  I further authorize and empower my said attorney to have the aforesaid negroes Isabel and Dicksey appraised and assigned as follows viz.: Isabel to my daughter Cornelia Pratt at the appraisement and Dicksey to my daughter Sarah at the appraisement.  I further authorize and empower my said attorney to ascertain as soon as he well can the nett amount of my Estate in his hands and add thereto the amount of the advancments which I have made to my children, and the appraisment of the negroes Isabel and Dicksey, and divide the resulting in such a manner as to give myself one eighth part of the nett amount of my Estate exclusive of the advancements and to each one of my children an equal portion of the balance including their respective advancements and the negroes Isabel & Dicksey.  I further authorize and empower my said attorney to pay over the respective shares of my married daughters to their respective husbands, upon condition that they shall settle it upon my daughters so that it will not be liable for the husbands debts, and in the event of the wife dying first and without issue, the husband shall be entitled to a life estate in her property and the husband shall give his bond to the effect that if he dies first & without issue his wife shall have a life estate in his property.  The settlement shall be made as soon as possible after the sale & the legatees shall receive my notes which may be well secured & my agent discharged from any liability.

In witness whereof I have hereunto set my hand and seal this thirtieth day of November AD 1855.

In the presence of

James Blackburn      F F Calmes

of BeHamington 

South Carolina

Newberry District   Personally appeared before me John Besaucon Hamington, and made oath that he saw FF Calmes sign seal and deliver the above power of attorney for the uses and purposes therein enumerated and that he with James Blackburn in presence of each other witnessed the same.

Sworn before me 27 May 1856

Burr J. Ramage,      John B. Hanington

      Clerk 

Newberry Distr So Carolina.  April 9, 1856.

      This is to certify that in executing this Power of Attorney my desire was that the advancements to my children should be equalized out of my estate & then that the remainder should be divided into eight equal parts between myself & my seven children & the Settlement has been made accordingly.  I hereby also modify the directions herein contained as to the Settlement of my married daughters shares so as to authorize my attorney WW Calmes to convey said shares of my daughters to their respective husbands as follows to wit: In trust for the joint use of husband & wife during their joint lives & at the death of either of them to the survivor during his or her life & in the event of there being no issue of my said daughter either by the present or any future husbands there at the death of my daughters their present or any future husbands, the respective shares shall go to rest in their next of kin exclusive of the husbands, according to the act of this state for the distribution of intestate estates now in force.

      But in the event that either of my said daughters should die leaving issue living at her death then and in that case the respective shares of my said daughters shall go to & vest in the issue of said daughters respectively after the death of the said daughters & the said husbands.

Witnesses

W.W. Houseal    FF Calmes

DW Rawage 

South Carolina

Newberry District  Personally appeared before me WW Houseal and made oath that he saw FF Calmes sign seal and deliver the above niodification of the within Power of Attorney and that he with DW Ramage, in presence of each other witnessed this due execution of the same.

Signed before me 27 May 1856 

Burr Ramage      WW Houseal

      Clerk 

A true Record this 27 May 1856

                        Burr Ramage

                              Regr Sc. C