UNIVERSITY of GLASGOW

The Corresponence of James McNeil Whistler
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Documents associated with: Hiffernan, Joanna
Record 20 of 50

System Number: 12127
Date: 31 January 1866[1]
Author: James Anderson Rose[2]
Place: London
Recipient: JW
Place: [London]
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC
Document Type: ADdS


'40' Dated 31 January 1866
J A McNeill Whistler Esqr
to
Joanna Hiffernan[3]dft
Power of Attorney

To be impressed on paper for signature the paper to be sent to me
5 of each / then in pen

J Anderson Rose
11 Salisbury Street
Strand

(p. 1) To all to whom these presents shall come James Abbott McNeill Whistler of No. 7 Lindsey Row Chelsea in the County of Middlesex in England Artist Sendeth Greeting

Whereas the sd James Abbott McNeill Whistler being about to proceed to the Kingdom of and America is desirous of Appointing some fit & proper person or persons or persons as his Att[orne]y or Attys and Atties to Act in the managemt of his affairs & concerns in England during his absence abroad & for that purpose hath determd & agreed to app[oin]t Joanna Hiffernan of 7 Lindsey Row Chelsea afsd his - her exors & admors and to give & grant unto his her

Atty and them such powers as his are herein contd (except so far as relates to the negotiation for sale of certain etched copper plates for which purpose the said J A M Whistler hath exted another power of Atty [yrs?] of even date herewith appointed Jas Anderson Rose his ex & or ads his attorney & atties)

Now know ye & these presents witness that for effect of the purpose afsd He the sd James Abbott McNeill Whistler hath nominated constituted & appointed, & in his place & stead put & deputed, & by these presents doth nominate, constitute & appoint, and in his place put & depute the sd Joanna Hiffernan her -

his exors or admors - (except as afs?) his b true true & lawful atty & (p. 2) Attys for him the sd James A M Whistler & in his name & on his behalf, & for his use to ask, demand, require & receive, of & from all mortgages obligors, & all & every orr. persons & person whom is liable to pay the same or whom else it may concern all & every the debt & debts sum & sums of money due & owing & which by his P Atty & Attys shall be conceived or thought to be due owing & belonging or coming to the sd James A M Whistler from any person or persons whoms. upon any mortgage, bond or promissory note or other specialty or for professional business done & [to?] transacted by the sd J James Whistler or upon simple contract or otherwise & upon non-payment thof or of any or either of them or any part thereof resply one or more Action or Actions suit or suits at Law or in equity to bring commence & prosecute for recovery thereof, And upon payment or recovery thof or of any part thof resply good and suffict rects releases acquittees, or other discharges from time to time to give begin & execute, for the same

And also

And also for him the sd James

Whistler and in his name and as his Act & deed, to sign seal, and deliver or otherwise execute all such (p. 3) conveyses releases surrenders acknowledgmts of satisfaction upon surrs assignmts transfers & or assurces which upon the discharge or transfer of any such mortgage or mortgages bonds or other [illegible] specialties may be necessary or requisite and also And also for him the sd James A M Whistler and in his name & on his behalf to compound any debt or debts owing to him & accept a part thereof or any security for the same in full or to give furr. time for payment for the same debt or debts or any parts thereof and to execute of any deed of [composn?] letter of license release or other instrumt relating thereto And Also And Also for him the sd James A M Whistler and in his name to state settle adjust & allow or to disallow all accounts reckonings and demands whatsr. upon or depending that between him and any person or persons whomsr and to pay or receive the balce which upon the set settling of any such accts shall appear to be due or owing from or to him the sd James A M Whistler. And also And also to submit to the final award arbitration or determination of one or more arbitrator or arbitrators either with or without an umpire all (p. 4) such disputes claims & demands as are now subsstg or may hereafter happen to arise touching or concerning the personal estate & effects of the sd James A M Whistler in England & to sign seal & delr. as the Act & deed of the sd James A M Whistler all - proper & necessary agreements bonds or orr. instruments of that purpose & the sd James A M Whistler doth hereby agree & declare that the award or awards to be made in pursuance of such submissn or submissns shall be binding or conclusive upon him his heirs exors & admors as effectly as if he had himself actly entd into such submissn or submissns & also to appear for him the sd James A M Whistler in any Court of Law Equ or equity to any action or suit that shall or may be brought commenced or prosecuted agst him or whereunto he shall be a party & to defend the same or to suffer a judgmt or judgmts decree or decrees to be given & pronounced agst him in any such Actn or Actns suit or suits by default or otherwise as the sd Atty or shall be advised or think proper & also And also with & out of such moneys or effects as shall from time to time come to the hands of the sd (p. 5) Atty or Atts by Virtue of these presents to pay saly & discharge any rent or taxes debt or debts dues or demands which is or are or hereafter shall or may be due owing or payable to from or by the sd James A M Whistler unto any person or persons whomsr which the sd Atty or Atts shall think fit & expedt to pay & discharge & not otherwise And also to sign & give notices of intention to quit or give up possession of any house or tenement now tenanted by the sd J A M Whistler or which may hereafter be tenanted during his absence abroad by the sd Joanna Hiffernan or to any tenants or And Also undertenant to quitt[4] [illegible] And also for him the sd James A M Whistler & on his behalf to lay out out & invest any sum or sums of money which shall be recd by or come to the hands of the sd Atty by Virtue of these presents or otherwise in the purchase of stock in some or one of the public funds of Gt Britn or upon real securs at intt in England or in the purchase of guaranteed railway stock or debentures not bearing a higher rate of interest than    per cent per annum either in the name of the sd Atty or Atts or of him the sd James A Mc Whistler as shall be thought advisable & to receive the divds intst & nnt or orr. proceeds thereof from time to time & to alter vary & change such funds or secur's for or unto others of the like nature or descriptn as often as it shall become necessary or be thought expedient (p. 6) & from time to time to remit or pay unto and account with the sd James A M Whistler for all such moneys or other effects as that shall come to the hands of the sd Atty or Attys Atts by Virtue hereof or otherwise to dispose of the same or any part thereof to such person or persons or in such manner as the sd James A M Whistler shall by any letter note or other writg under his hand in that behalf direct And also to sell any of his pictures now belonging to [illegible] the sd. J A M Whistler and also any pictures which the sd J A M W may send to the sd J. H. whilst [illegible] abroad [illegible] the best prices she can obtain for the same and to give rects for the paid prices And generally And generally to do execute & perform all & every such other acts deeds mrs & things whatsr in anywise necessary or expedient to be done in & about the concerns & business of the sd James A M Whistler in England during his absence as fully & effectually to all intents & purposes whatsr as he himself might or could do of he were present and did the same in his proper person he the James A M Whistler hereby ratifying & confirming & agreeing to ratify & confirm all & whatsoever his sd Atty or Atts shall lawfully do or cause to be done in & about the premes by Virtue of these presents & he doth declare that the sd Joanna Hiffernan her

her exers & admors shall not be answerable or [p. 7] accountable for any more of the estate property & effects of him of the sd James A M Whistler then than shall actually come to his her or their hands nor for any loss of the same unless such loss shall happen by or through his her or their W wilful default or neglect and that she or they may deduct & retain all such Costs charges & expenses as she or they shall sustain expend or be put unto in or about the executn of the powers or authorities in him her vested by Virtue of these presents or any mre or thing in anywise relating thereto Jas Whistler And also the rent taxes servant And all expenses of clothing & living of the sd Joanna Hiffenberg [sic] during the time of the absence of the sd J A M W from England

In witness whereof [the sd?] Jas Abbott McNeill Whistler hath hereunto set his hand & seal the 31st day of January in the year of our Lord 1866

Signed Sealed & Deld in the presence of
J. Anderson Rose Solicitor
11 Salisbury Street Strand
Lawson Jas McCreary
Clerk to Mr. Rose

'L.S.[5]'


This document is protected by copyright.


Notes:

1.  31 January 1866
This is a draft of a document also dated 31 January 1866, which expands the legal abbreviations, and is fully annotated (#11480).

2.  James Anderson Rose
James Anderson Rose (1819-1890), solicitor [more].

3.  Joanna Hiffernan
Joanna Hiffernan (b. ca 1843), JW's model and mistress [more].

4.  And Also ... quitt
Inserted in margin.

5.  L. S.
Written in the right margin in another hand, in a circle.