The last will & testament of Samuel Potts 

The last will & testament of Samuel Potts late deceased.
Ordinary office, recorded in book D of wills at page 239 up to page 241
inclusion (sic) the 15th day of January 1849.   Henry Britain,  CCO

State of Georgia, Oglethorpe County}
In the name of God Amen.  I Samuel Potts of the county and State aforesaid, being of advanced age, and knowing that I must shortly depart this life, deem it proper both as regards myself
and family, that I should make some disposition of the property with which a kind providence had blessed me, do therefore make this my last will and testament, hereby revoking all others heretofore made by me.

1st Item:  I desire and direct that my body be buried in a decent and Christian-like manner, suitable to my condition and circumstances in life.

2nd Item:  I desire and direct that all my last debts be paid, without delay by my Executor herein after appointed.

3rd Item:  I give and bequeath to my daughter Elisabeth Power, wife of Samuel J. Power, for her sole and separate use, for and during her natural life, free and exempt from the debts and liabilities of her present or a future husband, the following property to wit:
Two negroes Coomy and Martha and the one half of the lands whereupon I now live and on her decease, to such childs or children, as she may leave and I hereby appoint John A. Bell, trustee of the property herein given and bequeathed to my daughter, Elisabeth Power, and her child or children.

4th Item:  I give and bequeath to Sousan Potts wife of Napoleon B. Potts, for her sole and separate use, for and during her natural life, free from the debts and liabilities of her present, or a future husband, the following property to wit, two negroes Henry and Ben, cow & calf, bed and furniture, and the remaining half of the land whereupon I now live, and on her decease,
to such child or children as she may leave, and I appoint Ferdinand Phinizy, trustee of the property herein given and bequeathed to Sousan Potts, and her child or children.

5th Item:  I give and bequeath to my daughter Mary A. Simington, wife of Thophilus (sic) Simington, for her sole and separate use, for and during her natural life, for and exempt from the debts and liabilites of her present or a future husband, the following property, to wit; three negroes Sterling, Ned, and Nancy and on her decease to such childs or children as she may
leave, and I appoint Moses Simington trustee of the property herein given and bequeathed to my daughter Mary A. Simington and her child or children.

6th Item:  I give and bequeath to my grandson James Powers one sorrel horse colt for his own use and benefit.

7th Item:  It is my desire that three negroes, to wit, Richard, Betsy and Sophia, perishable of all kinds, and two lots of land  one lying in Cherokee County No. 450, 2 dist., 1st section, the other lying in Wayne County-No. 402, 1st section, be sold for the payment of my debts, and if there should be an overplus, it to be divided equally between my children to have and be managed in the same manner as their portions in the several items above written.

8th Item:  I hereby constitute and appoint Napoleon B. Potts and Samuel J. Power my Executors to this my last will and testament, this November 18th 1848. 
Signed, sealed, declared and published by Samuel Potts, in the presence of us the his
subscribers.

Samuel      Potts
Giles Young
mark
Nathan Hunter
Thos. Moody
 

Georgia, Oglethorpe County} 
Court of ordinary January term 1849.  The last will and testament of Samuel Potts deceased having been exhibited and duly proven at the Adjoined term of this court held on the fifth day of December last upon the oath of Giles Young, and Dr. Thomas Moody subscribing witnesses to the same and laid over until the regular term of the court.  It is now ordered by the court that the same be admitted to record. And Napoleon B. Potts and Samuel J. Power executors named and appointed in said will were duly qualified to execute the same according to law.

Item extract from the minutes of the court of ordinary held January Term 1849.

Henry Britian CCO
Georgia, Oglethorpe County.
Personally appeared in open court, Giles Young & Dr. Thomas Moody subscribing witnesses to the within will, and after being duly sworn, deposeth and saith, that they saw Samuel Potts, sign, seal, publish and declare this writing to be his last will and testament.  That at the time
thereof he was of sound, disposing mind and memory; and that he did it freely, without compulsion; and that they also signed the same as witnesses to the best of your knowledge. So help you God. 
Sworn to and subscribed in
open court this 5th day of December 1848}           Henry Britain. CCO
Giles Young

Thomas Moody