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JMLMS1141.1-3.03May1845JamesPotterwill.2-3.jpg

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for my son John Hamilton to be conveyed and delivered to him on his attaining the age of twenty one years— to him his heir and assigns— and one share for each one of my daughters to be held by the said Trustees and the Survivor and Survivors of them for her sole and separate use notwith-standing any coverture for and during the term of her natural life, and after death to convey the same to her issue living at the time of her death his her or their heirs and assigns forever, and in default of such issue then living, then to convey the same to my then surviving children and grand children their heirs and affairs, but if there be none of my children or grand children then living, then to convey the same to my Sister Mary M. Stockton and my Brother Thomas F. Potter and their issue forever, provided however that if a daughter shall die leaving no issue living at her death but leaving a Husband her surviving, such Husband may receive and enjoy during the term of his natural life, the income & profits of such daughter’s share if she shall by her will so appoint.

4. The allowance herein before provided for my wife being exclusively for herself, my childrens expenses for education and maintenance are to be paid from my Estate until that is divided — expenses of each to be charged to each and deducted from proportion as the division, so that all my children may share and share alike.
5. It is my will and desire that my Lands and Negroes be kept together (unless sold under the authority herein after given) as a whole at least until the major number of my children shall attain the age of Twenty one years. When a division of my Estate takes place there shall be reserved from it such portion as will yield an interest sufficient for the said yearly allowance to my wife.
6. I constitute and appoint the said Thomas F. Potter, Robert F. Stockton, Richard Stockton, and William H. Cuyler Executors of this my will, and I do hereby authorise and empower my said Executors and the survivors & Survivor of them for such one or more of them as may qualify as my Executor or Executors, respectively in Georgia, New Jersey or elsewhere, to sell any part of my property real or personal at public or private sale at their or his discretion and to convey the same by proper deeds or writings to the purchases— the proceeds of any such sale or sales from time to time to be reinvested in other property or stocks at the discretion of my Executors or Executor making the sale, to be placed in the name of & to be held by the said Trustees or the survivors or Survivor of them for the uses herein before expressed. In witness whereof I have herein set my hand and seal at Savannah this third day of May one thousand eight hundred and forty five.

Jas [James] Potter
Signed sealed published
pronounced & declared