Will of James Potter

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State of Georgia
Chatham County

1.I James Potter of the State and County aforesaid do make declare and publish this my last Will and Testament.
I give devise and bequeath unto my wife Sarah Jones Potter all and singular the Estate real and personal and property which she held or was entitled to at the period of our marriage or to which she has become entitled by inheritance or otherwise during our coverture, and which came to me in virtue of marriage, to hold the same, together with all improvements, to her the said Sarah her heirs and assigns forever.
2. I give and bequeath unto my said wife Sarah the sum of ten thousand dollars [written above a crossed out sum]— dollars per annum as a support for and during the term of her natural life. I also give to her the use (if occupied by her) of my dwelling Houses— also the use of my furniture, plate, houseservants, carriages and horses during her life.
3. I give devise and bequeath all the rest residue and remainder of my Estate and property — real and personal wherever situate unto Thomas F. Potter, Robert F. Stockton, Richard Stockton and William H Cuyler and to the survivors and survivor of them their and his Executors administrators and assigns in Trust to hold the same for the use and benefit of all my children share and share alike. One share
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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
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By the Testator James Potter as his last Will & Testament in the presence of us who in his presence at his request and in the presence of each other have hereto set out names as Witnesses.
Fred M Sensler
Geo W [Ausendorf]
R R Cuyler
This Will & Codicil is cancelled by a Will made & executed at Princeton N. J. at the [last] of May & beginning of June 1864
Jas [James] Potter
Coleraine Dec 18/55
State of Georgia. City of Savannah. I James Potter of the county of Chatham do make + publish this as a codicil-to the within Will- I have recently made a declaration of Trust by which the sum of Twenty five thousand dollars has been— set apart + given as a present provision for my daughter Catherine Elizabeth now wife of Philip Poullain. I will order & direct that the said Twenty five thousand dollars so provided for my daughter Catherine shall be reckoned as part of her equal share of my Estate, it being my design & will that she shall not receive any more from me than the rest of my children receive. The aforesaid sum of Twenty five Thousand dollars is only an advance - to my said daughter Catherine out of my Estate, and is to be so esteemed in the division of my property under my will. I appoint my son in law P. Poullain Executor.
In witness whereof I have [ ] set my hand & seal at Savannah this fifteenth day of
May one thousand eight hundred & fifty nine.
Jas [James} Potter
Signed sealed published & declared by the Testator as a codicil to his will in our presence who at his request in his presence & in the presence of each then have set our names as witnesses
George A Suyler
Chs [Charles] I Bulloch
R R Cuyler

Dublin Core

Title

Will of James Potter

Subject

Wills
enslaved persons
Potter, James, 1793-1862
Colerain Plantation (Chatham County, Georgia)

Description

Scanned images of will for James Potter dated 03 May 1845. This document is part of Jones Memorial Library Manuscript Collection 1141, Potter Estate Papers, Box 1-3.

James Potter owned the Colerain and Tweedside Plantations in Savannah, Georgia. His will includes instructions about the disposition of Potter's property, including lands and enslaved persons.

Creator

Potter, James

Publisher

George M. Jones Memorial Library (Lynchburg, Va.)

Date

03 May 1845

Rights

George M. Jones Memorial Library (Lynchburg, Va.)

Format

jpeg

Language

English

Identifier

JMLMS1141.1-3.03May1845JamesPotterwill.1-4

Coverage

Georgia, United States of America

Citation

Potter, James, “Will of James Potter,” Digital Collections, accessed July 24, 2024, https://digitaljones.omeka.net/items/show/622.