of Stephen Potts
State of Georgia
In the name of God, amen. I, Stephen Potts, of the county & state aforesaid
being old & infirm in body, but of a sound & disposing mind
& memory, do make &
ordain this my last will and testament (revoking all others heretofore
In manner & form following-
1st Item. I give & bequeath to my son James Potts a negro woman Milley
child Lucy with all their increase both of the above negroes being now
possession also my negro boy Primos.
2nd Item. I lend to my daughter Margret McWhorter one negro woman
Doll & her two children Lucy & Tom, with all her future Increase
at my said Daughters death the said negros with their increase to
be equally divided between the heirs of her body.
3rd Item. I give to my son Stephen Potts the old tract of land I
now live on, including a small part of the opposite tract of land
which I design for my son Henry (to wit) all the land that lies
north of the main branch which runs through the plantation together
with all the benefits thereon. Also thirty acres which I bought of
Joseph Lumpkins Sen. Adjoining my old tract likewise three negroes
namely Ned, Bob & henry.
4th Item. I give & bequeath to my son, Henry Potts, the tract of
land adjoining the one I now live on that I bought of John Dickey
except the small part as before desposed to my son Stephen together
with all the benefits thereon, together with three Dick, Sawney &
Nancy also two cows.
5th Item. I give to my grand daughter Nancy Foster one negro boy
6th Item. I give to my grand daughter Jenney Foster one negro girl
7th Item. I lend to my daughter Jane Potts three negroes namely
Hanah & her child Ben & Jacob during her natural life & at
death to be equally divided between the heirs of her body.
8th Item. It is my will & desire that twelve hundred acres of my
Oconee lands be equally divided between my three sons, James,
Stephen & Henry Potts.
9th Item. I will the balance of the above tract of land if any to
my grandson Stephen Potts son of James Potts.
10th Item. I give to my grandson Hugh McWhorter one negro girl
named Amey & her increase.
11th Item. It is my will & desire that my old negro man Adam be by
my executors put up to the highest bidder for sale but it is to be
understood that only my children are to be biders & he or she that
will give the most to take him & if no bid is made it is my desire
that he should remain at the old place with my son Stephen Potts.
12th Item. I give to my son Stephen Potts one other negro boy named
Isaac upon his paying fifty dollars to be equally divided among the
rest of my children.
13th Item. I also give to my son Stephen Potts my set of blacksmith
tools with one half of my farming tools also my still & vessels &
likewise my cupboard which belongs to the house.
14th Item. I give the other half of my farming tools and my waggon
to my son Henry Potts.
15th Item. It is my desire that my old negro woman Bett should live
with either of my children that she chooses & it is my earnest
request she should be well used & if through age or infirmity she
should unable to gain a support, it is my will that each of my
children do pay an equal part towards her support & maintanance.
16th Item. It is my will & desire that all the small articals about
the house such as potts, ovens, pewter etc. be equally divided
between my two sons Stephen & Henry Potts.
17th Item. It is my will & desire that after all my debts & lawfull
expenses are satisfield that all money by me debts due me &
everything else not heretofore devised be equally divided between
James Potts, Margarett McWhorter, Stephen Potts, Henry Potts & Jane
18th Item. It is my will & desire that the negroes, money & other
property which I have devised to daughter Jane Potts her lifetime &
after her decease to her children be so applied to the use &
benefit of my said daughter & her children as any executors herein
after named may think best.
Lastly I hereby constitute & appoint my three sons James Potts
Stephen Potts & Henry Potts my lawfull Executors to this my last
will & testament in witness whereof I have hereunto set my hand &
affixed my seal this twenty sixth day of January one thousand eight
hundred & five.
Stephen Potts seal
In presence of
Thos L. Bailey probate of will
Geo. Moore you do solemnly sware that you saw the within named
Charles Smith decd sign seal publish & declare the within
instrument of writing to
be his last will & testament & at the time of his so doing he was
of sound mind & memory to the best of your knowledge & belief.
help you God.
Sworn to & subscribed in open Geo. Moore
Court & ordered to be recorded Charles Smith
Jany term 1813 Matt Rainey CCO Recorded Jany 29th 1813 Matt Rainey