Will of John Potter

John Potter— 1st part
James Potter— 2nd [part]
Thomas F. Potter— 3rd [part]

State of Georgia Chatham County Clerk’s Office, Superior Court~ Recorded in Book Y. Y. folios 15 to 23 this 6th day
of December A.D. 1839
Eduard G. Wilson
DeptyClkSup. C.C.C

$6

acknowledged Hath [underlined] granted released and confirmed and by these presents Doth [underlined] grant release and confirm unto the said James Potter his heirs Executors administrators and assigns all the Estate right title and interest property possession claim and demand whatsoever in law or Equity which he the said Thomas F. Potter hath or ever had of in or to the Lands and tenements and Negro Slaves set forth and mentioned in the said division as the portion or separate property of the said James Potter.
In Witness [both underlined] whereof the said parties have to this Indenture / in two parts of same tenor / hereto set their hands and seals the day

State of New Jersey
This indenture Made this Twenty-fifth day of May- in the Year of our Lord one thousand eight hundred and thirty nine Between John Potter Esquire formerly of Charleston in the state of South Carolina but now of Princeton in the state of New Jersey of the first part, James Potter Esquire of the County of Chatham in the state of Georgia of the second part, and Dr. Thomas F. Potter of the said county of Chatham and State of Georgia of the third part,— Witnesseth that Whereas the said John Potter on the tenth day of January in the Year of our Lord one thousand eight hundred and seventeen purchased from William Mein and Mary his Wife the following lands to wit “All those several Tracts or parcels of Land herein after particularly described, that is to say All That Tract or parcel of Land situate lying and being on Argyle Island in the River Savannah in the County of Chatham (State of Georgia) containing three Hundred and seventy six acres (more or less) bounded on the North by Lands of Archibald McLaren, on the South by Lands belonging to the Estate of the late John Morel, deceased, and on the East and West by Branches of Savannah River, Also all that Island called Hog Island opposite to the said Tract of Land containing thirty acres more or less bounded by branches of Savannah River; Also all that other Tract or parcel of Land being the uppermost half of the Island of Onslow in the said County of Chatham containing Three Hundred and fifty acres of Land, more or less, bounded on the South and East by Lands of John P. Williamson Esquire and on all other sides by branches of Savannah River; And also all those other Tracts or parcels of Land situated on the Main in the said County of Chatham opposite to Onslow Island and known by the names of Colerain Springfield and Cherokee Hill and Morgan and Wylly’s Pine Barren Lands containing in the whole Two Thousand five Hundred acres more or less adjoining each other and bounded on the East by a Branch of Savannah River which divides it from Onslow Island on the North and North West by Augustins Creek and on the South and East by Lands of John P. Williamson Esquire and others as in and by a certain Indenture bearing date the said Tenth day of January made and executed by and between William Mein and Mary his Wife & the said John Potter will fully appear; And Whereas the said John Potter at the same time purchased from the said William Mein Three Hundred and Thirty Eight Negro Slaves— all particularly

all particularly named in a Bill of Sale thereof executd by the said William Mein to the said John Potter and dated the said tenth day of January one thousand eight hundred and seventeen; And Whereas the said John Potter paid to the said William Mein Five Hundred thousand dollars part of the purchase money of said Land and slaves and gave to the said William Mein his Bonds for Fifty five Thousand dollars the balance of the said purchase money, and then by a certain deed duly executed at the city of Charleston and bearing date the Eighth day of February one Thousand eight hundred and seventeen acknowledged and declared that he the said John Potter in consideration of the parental love and affection which he had for his son the said James Potter and also in consideration of the sum of one dollar to him paid and as part of any patrimony which the said James might be entitled to, thereby gave granted and conveyed to the said James Potter an interest in the said property, undivided, as well Lands as Negroes equal to one half of what had been paid namely One Hundred Thousand dollars to him and his heirs, executors, administrators and assigns forever— and by the said last mentioned deed the said John Potter declared that on payment of said Bonds and interest out of the annual proceeds of said Lands and Slaves (the said James being a party to said bonds) the said James should be entitled to a full and undivided moiety of said Lands and Slaves, which should thereafter be held by the said John and James in equal shares as tenants in common, as by the said last mentioned deed reference being thereto had will fully appear— And Whereas on the thirty first day of January one thousand eight hundred and seventeen the said John Potter placed on the said Lands thirteen other slaves (more or less) and afterwards when the said Bonds had been fully paid from the proceeds of said property the said John Potter by deed bearing date the seventh day of April one thousand eight hundred and twenty conveyed to the said James Potter an undivided moiety of the said Lands and of all the slaves then on the said Lands, three Hundred and thirty four (more or less) in number, and all named in the deed last referred to, And Whereas the said John Potter afterwards purchased from the Executors of Thomas Fuller thirty four slaves, and from other sources other slaves, and placed them on said Lands and for which slaves so added the said James Potter has paid on settlement of the said Plantation accounts the one half of the cost or purchase money— And Whereas the said John Potter and James Potter purchased from John Morel and Eliza his wife the following tract of land to wit “All that Tract or parcel of Land situate lying and being on the Island of Argyle in the County of

acres, more or less, and bounded (then) Eastwardly by Savannah Back river, Southwardly by land of Thomas Gibbons Esquire, Westwardly by a creek and the middle Branch of the said River Savannah, and Northwardly by Land of the said John and James Potter as by a certain Indenture made and executed by and between the said John Morel and Eliza his wife of the one part and the said John Potter and James Potter of the other part bearing date the second day of April in the Year one thousand eight hundred and twenty two will more fully appear—; And Whereas the said John Potter thus being the owner of the one undivided half part of all the said Lands and of all the Negro Slaves thereon or attached thereto, (the said James Potter being the owner of the other half) in consideration of his natural love and affection for his son the said Thomas F. Potter, and as part of his patrimony, has heretofore given to the said Thomas F Potter all such his undivided half of the said Lands and Slaves, but has never executed any deed for the same (he the said John Potter valuing his half of the said Land and Slaves at one Hundred and twelve Thousand five Hundred dollars and intending to give one Hundred thousand dollars in value to the said Thomas F. Potter and to charge him with the sum of Twelve thousand five hundred dollars which last sum the said Thomas F Potter acknowledges to owe), And Whereas the said James Potter and the said Thomas F Potter with the assent and approbation of the said John Potter have agreed to divide between them all the aforesaid Lands and all the Slaves thereon, amounting at the ^Time of division in number to Three Hundred and Thirty two, and hereinafter particularly named-, and have actually divided the same in the manner following, that is to say—,
The said James Potter to receive as his separate share of said Lands— the whole of the Lands aforesaid lying on the Main and known by the names of Colerain, Springfield and Cherokee Hill and Morgan and Wyllys Pine Barren Land and particularly designated on a Map thereof made by John McKinnon Surveyor on the Fourth ___day of April___ one thousand eight hundred and___ Twenty five___Also all the said Land on Onslow Island aforesaid and which is delineated on a Map thereof made and certified by John Norton Surveyor on the twenty ninth day of May one thousand eight hundred and thirty eight ^ [here written between lines:] also all that Island called ^Hog Island containing thirty acres more or less, Also all that part of the Lands aforesaid on Argyle Island containing Two Hundred and forty two and three fourth acres, more or less, delineated on a Map thereof made and certified by John Norton Surveyor in March one thousand eight hundred and thirty eight and being that part of the Argyle Lands which lies

which lies between the Middle and Back Branches of Savannah River and the Land of C. J. Manigault Esquire (formerly McLaren’s) and the centre of the Canal dividing this part from that allotted to the said Thomas F Potter— And the following Slaves to wit—



1 Driver Ned
2 Charlotte
3 Ned
4 Sophy
5 Joe
6 Juno Thompson
7 Abraham
8 Amy Cuthbert
9 Luckey
10 Thomas
[1]1 Morris
[1]2 Chloe
[1]3 Harry Thompson
[1]4 Eve McGillivray
[1]5 Cato
[1]6 Kate Sheldon
[1]7 Philip McGillivray
[1]8 Lizette
[1]9 Mercury
20 Barbary
[2]1 Betsey
[2]2 Isaac Sheldon
[2]3 Martha
[2]4 Johnson
[2]5 Jack Hume
[2]6 Diana
[2]7 Paul
[2]8 Betsey
[2]9 Monimia
30 Charles (Sandy's son)
[3]1 Peggy Coty
[3]2 Emanuel
[3]3 Sam
[3]4 Adam Fuller
[3]5 Charlotte
[3]6 Celia
[3]7 Sue (Charlotte's daughter)
[3]8 George Sheldon
[3]9 Elsy
40 Rina
[4]1 Phillis
[4]2 Robert
[4]3 Dick
[4]4 Jennie Sheldon
[4]5 Homidy
[4]6 Sylla Mein
[4]7 Carpenter Toney
[4]8 Cumber Hume
[4]9 Daisy
50 Hannibal
[5]1 Sam
[5]2 Frank McGillivray
[5]3 Eve Thompson
[5]4 Sammy
[5]5 Cain (Blacksmith)
[5]6 Lizette Jenkins
[5]7 Solomon
[5]8 Bristol
[5]9 William Gates
60 Sue
[6]1 Clarinda
[6]2 Minda
[6]3 Bahama Jim
[6]4 Kate Porteous
[6]5 Davy Porteous
[6]6 Mary Ann Buck
[6]7 Claressa
[6]8 Buck
[6]9 Tom Jenkins
70 Lucy
[7]1 Tom
[7]2 Lavinia Sheldon
[7]3 Peggy Voss
[7]4 Nicholas
[7]5 Claressa
[7]6 David
[7]7 Hester McGillivray
[7]8 Big Bob
[7]9 Rina
80 July
[8]1 Phoebe
[8]2 Charity
[8]3 Sharper
[8]4 Dogway
[8]5 Amy Cuthbert
[8]7 Beck
[8]8 Malsy
[8]9 Gulla Mary
90 Abby
[9]1 Peter
[9]2 Penny Thompson
[9]3 Peggy
[9]4 Tinah
[9]5 Simon
[9]6 Abraham McQueen
[9]7 Rose Sheldon
[9]8 Jemmy Charleston
[9]9 Sancho
100 Pompey
[10]1 Mercury
[10]2 Susanna
[10]3 Shadwell
[10]4 Mary Ann
[10]5 Renty Mellichamp
[10]6 Frank
[10]7 Owen
[10]8 Janet
[10]9 Timothy
110 Martha
[11]1 Sary
[11]2 Winy
[11]3 Driver Tommy
[11]4 Sophy
[11]5 Belinda
[11]6 Cudjoe
[11]7 Christiana

118 Nancy [11]9 Harry Price 120 Mary
[12]1 Dinah [12]2 Dolly [12]3 Bob
[12]4 Adam [12]5 Jennie [12]6 Susan
[12]7 Franky or Pleasant [12]8 Syke [12]9 September
130 Roxana [13]1 March [13]2 [Statua] Sheldon
[13]3 Ellen [13]4 Will Sheldon [13]5 Beck
[13]6 Renty [13]7 Hagar [13]8 Violet
[13]9 Juno Sheldon 140 Neller [14]1 Israel
[14]2 Toby Fuller [14]3 London [14]4 Moses
[14]5 Cumba Cuthbert [14]6 Nelly [14]7 Harry Carpenter
[14]8 Tom [14]9 Charles Roberts 150 Eliza Gold
[15]1 Alexander [15]2 Juno Thompson [15]3 William Rodney
[15]4 Peggy [15]5 John [15]6 Kate Roberts
[15]7 Henry [15]8 Margaret [15]9 Aleck Steel
160 Daphne Sheldon [16]1 Jonas [16]2 Sary Sheldon
[16]3 Katy [16]4 Jem Miller [16]5 Sylla Thompson

And [underlined] the said Thomas F Potter to receive as his separate share of the said Lands _ All that part of the Lands on Argyle containing Two Hundred and Ninety eight acres more or less delineated on a Map thereof made and signed by the said John Norton Surveyor on the first day of April one thousand eight hundred and thirty eight below the said James Potter's portion and separated from it for the greater part, by a line through the centre of the dividing canal _ And the following Slaves to wit

1 Driver Boatswain 2 Aberdeen 3 Poebe
4 Christiana 5 Justine 6 Barbary
7 Jim Lawrence 8 Susan 9 Robert
10 Mary [1]1 Joshua [1]2 Richard
[1]3 Jack Thompson [1]4 Phoebe Whitehead [1]5 Celia
[1]6 Sary [1]7 Celia Whitehead [1]8 Jem Charleston
[1]9 Cumba Thompson 20 Jacob [2]1 Rebecca
[2]2 Quacco [2]3 Holland [2]4 Prince
[2]5 Chance [2]6 Helen [2]7 Rina
[2]8 Diana [2]9 Fanny Mein 30 John
[3]1 Lucy Voss [3]2 Leah [3]3 Nancy
[3]4 Zelia [3]5 Katy Voss [3]6 Polly Mein
[3]7 Lightfoot [3]8 Dublin [3]9 Old Juno
40 Adam Whitfield [4]1 Maria [4]2 Andrew
[4]3 Fatima [4]4 Daphne [4]5 Vency Mein
[4]6 Tom [4]7 Jennie Volunteer [4]8 Eve
[4]9 Volunteer 50 Penda [5]1 Amelia
[5]2 Lyndy [5]3 Sylvia [5]4 William
[5]5 Prunella [5]6 Tom Butler [5]7 Old Daphne

Chatham in the state of Georgia aforesaid containing Five Hundred acres, more or less, and bounded (then) Eastwardly by Savannah Back river, Southwardly by land of Thomas Gibbons Esquire, Westwardly by a creek and the middle branch

[5]8 Molly [5]9 Collin 60 Collin Rodney
[6]1 Old Hannah [6]2 Johny Hume [6]3 July Porteous
[6]4 Isaac [6]5 Sue [6]6 Patty
[6]7 Primus [6]8 Grace [6]9 Sibby
70 White [7]1 Sary [7]2 Nanny
[7]3 Cain [7]4 Isaah [7]5 Sam
[7]6 Eve [7]7 Hannah [7]8 Stephen
[7]9 Cudjoe (McGillivray) 80 Patty [8]1 March
82 Glasgow [8]3 Amba [8]4 Dick Miller
[8]5 Luce [8]6 Mathias [8]7 Sue Sheldon
[8]8 Caesar Potter [8]9 Judy Moultrie 90 Patience
[9]1 Miley [9]2 Harriet [9]3 Lydia
[9]4 Brown Moultrie [9]5 Shadwell Jr [9]6 Binah Moultrie
[9]7 Snow [9]8 Ishmael [9]9 Caesar Moultrie
100 Maria McQueen [10]1 Glasgow Moultrie [10]2 Rose Moultrie
[10]3 Cato Charleston [10]4 Colly [10]5 Rose Fuller
[10]6 Pompey Gates [10]7 Phillis Sheldon [10]8 Patty
[10]9 Caesar Mellichamp 110 Sandy (Cooper) [11]1 York
[11]2 Goliah [11]3 Dick McGillivray [11]4 Duba
[11]5 Toby [11]6 Jennie McGillivray [11]7 Adam
[11]8 Rose [11]9 Flora McGillivray 120 William
[12]1 Stephen [12]2 Smart [12]3 Patience Price
[12]4 Driver Edmund [12]5 Delia Cuthbert [12]6 Cumba
[12]7 Amelia [12]8 Hagar [12]9 Joseph
130 Betty Cuthbert [13]1 George [13]2 Duba
[13]3 Abraham McQueen [13]4 Sue Price [13]5 Grace
[13]6 John [13]7 Ben [13]8 York
[13]9 Sary 140 Paul Price [14]1 Hannah
[14]2 Fortune [14]3 Sylvia [14]4 Isaac
[14]5 Jacob [14]6 Rose [14]7 Hector
[14]8 Thomas [14]9 Frank 150 Pompey Price
[15]1 Sary Porteous [15]2 Adam Sheldon [15]3 Nanny
[15]4 Doll [15]5 Simon [15]6 Dina
[15]7 Cretia [15]8 Ned [15]9 Abraham
160 Phaeton [16]1 Mary Gold [16]2 Georgiana
[16]3 Jem [16]4 Charles [16]5 John
[16]6 Anne [16]7 Edward

the Negro Slaves aforesaid apportioned to the said James Potter being esteemed and taken as of equal value with the Slaves apportioned to the said Thomas F Potter; the Lands apportioned to the said James Potter with the Mills and appurtenances being valued esteemed and

taken at Twenty Two thousand eight hundred and Twenty Eight dollars and fifty cents over and above the value of that allotted to the said Thomas F Potter of which last mentioned sum the said James Potter has already paid the sum of Fourteen Thousand Two Hundred and Eighteen dollars and sixty one cents, leaving due by the said James Potter to the said Thomas F Potter the sum of Eight thousand six hundred and nine dollars eighty nine cents which the parties agree shall be paid without interest on the first day of May (1840) one thousand eight hundred and forty. Now therefore this Indenture Witnesseth [all 5 words underlined] that the said John Potter for and in consideration of the above recited premises and of the sum of one dollar [to] him in hand paid the receipt whereof is hereby in full acknowledged Hath [underlined] granted bargained given sold conveyed and confirmed, and by these presents Doth [underlined] grant bargain, give sell convey and confirm unto the said James Potter his heirs and assigns, All and singular the said Lands and Tenements and Negro Slaves set forth in the division aforesaid as the separate property of the said James Potter together with the issue of the female slaves since the second day of February one thousand eight hundred and thirty seven, and their future issue, and further Hath [underlined] granted bargained, given sold conveyed and confirmed and by these presents Doth [underlined] grant bargain give sell convey and confirm unto the said Thomas F Potter his heirs and Assigns All and singular the said Lands and Tenements and Negro slaves set forth in the division aforesaid as the separate property of the said Thomas F Potter together with the issue of the female Slaves since the second day of February one thousand eight hundred and thirty seven and their future issue​​ To have and to hold [all 5 words underlined] the said Lands and Tenements and Negro Slaves and their issue unto the said James Potter and Thomas F Potter respectively according to the said division and to their respective heirs Executors administrators and assigns forever__ And this Indenture [all 3 words underlined] further Witnesseth that the said James Potter in consideration of the sum of one dollar to him paid the receipt whereof is hereby acknowledged Hath [underlined] granted released and confirmed and by these presents Doth [underlined] grant release and confirm unto the said Thomas F. Potter his heirs Executors administrators and assigns all the Estate right, and title and interest property possession claim and demand whatsoever in law or Equity which he the said James Potter hath or ever had of in or to the Lands and Tenements and Negro Slaves set forth and mentioned in the said division as the portion or separate property of the said Thomas F Potter__ And further this Indenture Witnesseth [all 5 words underlined] that the said Thomas F Potter in consideration of the sum of one dollar to him paid the receipt whereof is hereby in full
__ acknowledged

acknowledged Hath [underlined] granted released and confirmed and by these presents Doth [underlined] grant release and confirm unto the said James Potter his heirs Executors administrators and assigns all the Estate right title and interest property possession claim and demand whatsoever in law or Equity which he the said Thomas F Potter Hath or ever had of in or to the Lands and tenements and Negro Slaves set forth and mentioned in the said division as the portion or separate property of the said James Potter.
In Witness [both underlined] whereof the said parties have to this Indenture (in two parts of same tenor) hereto set their hands and seals the day and year above written
Signed Sealed and delivered in presence of [all underlined]
John Potter
Jas [James] Potter
Thomas F Potter

The words
"Also all that Island, called Hog Island containing thirty acres, more or less" on page third, being [underlined/interlined] before execution hereof
C M Campbell
John S. Campbell
Jas. [James] S. Green

State of New Jersey vs. J Joseph @ Hornblower Chief Justice of the Supreme Court of Judicative of the State of New Jersey, do certify, that on the fourth day of June A.D. eighteen hundred and thirty nine, James S Green Esq. of Princeton in the County of Mercer, in the said State, Counselor at law, & with whom I am personally acquainted, came before me, at the City of New Brunswick in the said State, and being my [one/me] duly sworn did depone and say, that he said John Potter, James Potter & Thomas F Potter, known to him to be the parties, named & described in the foregoing deed, severally sign seal & deliver the same, as & for their deed respectively for the uses & purposes therein mentioned, that Charles M Campbell & John S Campbell were present at the execution of the said deed, & signed their names thereto as witnesses: that the said Charles M Campbell & John S. Campbell are personally known to him the said James S. Green & reside in Princeton aforesaid, in the County of Mercer & State of New Jersey: & that he the said James S Green also subscribed his name to the said deed as a witness to the execution thereof. Given under my hand at the City of New Brunswick

aforesaid the day & year by one above written
Jos. [Joseph] C. Hornblower
State of New Jersey
I James D. Westcott Secretary of State of the State of New Jersey, do hereby certify, that the Honorable Joseph C. Hornblower Esqr. before whom the proof of the execution of the foregoing Deed was made, and who Hath attested the Sames, was at the time thereof and now is, Chief Justic of the Supreme Court of Judicature of the State of New Jersey, duly appointed [__ __ed] and Sworn: that by the laws of the State of New Jersey, the said Chief Justice afore[said], Hath full power and authority to take the acknowledgement and proof of deeds, powers of attorney, and other instruments of writing: that the Signature purporting to be of the Said Joseph C Hornblower, is in his own proper hand writing: and that the attestation or certificate of proof is in due form of law.
In Testimony whereof I have hereunto set my hand and affixed my Seal of Office at the City of Trenton in Said State. this fifth day of June Annus Somini, One thousand eight hundred and thirty-nine (1839)
State of New Jersey
J. William Pennington Governor of the State of New Jersey, do hereby certify, that James D. Westcott Esquire who Hath signed the preceding certificate, and who official seal is thereto annexed, is Secretary of State of the State of New Jersey, duly appointed commissioned and Sworn, and that full faith and credit are to be given to his official attestations: that the said signature is in the proper hand writing of the Said James D. Westcott, and the Seal his Seal of Office, and that

aforesaid the day & year by one above written
Jos. [Joseph] C. Hornblower
State of New Jersey
I James D. Westcott Secretary of State of the State of New Jersey, do hereby certify, that the Honorable Joseph C. Hornblower Esqr. before whom the proof of the execution of the foregoing Deed was made, and who Hath attested the Sames, was at the time thereof and now is, Chief Justic of the Supreme Court of Judicature of the State of New Jersey, duly appointed [__ __ed] and Sworn: that by the laws of the State of New Jersey, the said Chief Justice afore[said], Hath full power and authority to take the acknowledgement and proof of deeds, powers of attorney, and other instruments of writing: that the Signature purporting to be of the Said Joseph C Hornblower, is in his own proper hand writing: and that the attestation or certificate of proof is in due form of law.
In Testimony whereof I have hereunto set my hand and affixed my Seal of Office at the City of Trenton in Said State. this fifth day of June Annus Somini, One thousand eight hundred and thirty-nine (1839)
State of New Jersey
J. William Pennington Governor of the State of New Jersey, do hereby certify, that James D. Westcott Esquire who Hath signed the preceding certificate, and who official seal is thereto annexed, is Secretary of State of the State of New Jersey, duly appointed commissioned and Sworn, and that full faith and credit are to be given to his official attestations: that the said signature is in the proper hand writing of the Said James D. Westcott, and the Seal his Seal of Office, and that