Record of Wills
Ezekiel Downs

I Ezekiel Dows of the County of Pottawattamie in the State of Iowa, being in the possession of all my reasoning faculties and free from bias or passion do make this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made.

I direct that after my death I be decently buried in a manner suitable to my condition and estate in life.

That after my death all the necessary expenses of my last sickness and funeral be paid from the first money coming into the hands of my executor.

That after the expenses of my last sickness and funeral shall have been paid then I direct that all my just debts be paid from any money in the hands of my executor, and if at or after my death, my said executor shall not have sufficient funds in his hands to pay off all the expenses of my last sickness and funeral and to pay off all my just debts, without selling a portion of my personal property. I direct that he sell such portions of my personal property as may deem most expedient and necessary for the payment of such expenses and debts.

I bequeath to my son, John Downs now aged about seven years all my real estate situated in Pottawattamie County in the State of Iowa to become his absolutely on arriving at the age of twenty one years and until he shall arrive at the age of twenty one years, all of the real estate, shall be used and occupied by Frances Downs the mother of the said John Downs, during which time, it is my will and desire that she have all the cents issues and profits - of said land, and in case she should die before the said John Downs arrives at the age of twenty one years, then it is my desire that my executor shall have the real estate aforesaid used and cultivated - to the best advantage for my said son John, and in case he should die before he arrives at the age of twenty one years it is my will and desire, in such case that all my real and personal property should be equally divided between my wife Frances Downs formerly Frances Graham and my son Asa Downs.

I further hereby will and bequeath to my said son John Downs, all my personal property that may be left after paying my just debts that come to be and remain under the control and management of his mother Frances Downs, until he arrives at the age of twenty one years and in case she should die before he arrives at that age, then I desire that such property be managed and controlled by the executor for the best interest of my son John until he arrives at the age of twenty one years.

It is further my will and desire that my said son John be educated in a manner suitable to his condition and estate having at least a good common school education.

I now hereby appoint my son Asa Downs executor of my estate to take charge of and manage and control the same in accordance with the will and desire heretofore express and in accordance with the requirements of the law or laws of the State of Iowa now in force or which may hereafter be in force and applicable hereto.

January 14th 1861

Signed - Ezekiel Downs

Attest
Frank Street
P. J. McMahon

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March 4th 1861

Filed and ordered that notice to all persons interested, be given by publication in the Council Bluffs Nonpareil for three consecutive weeks and that the first Monday of May 1861 is set for proving the same.

Signed
J. P. Casady
County Judge

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Proof postponed until to March 7th, last May 6th 1861

May 7th 1861

Proofed and ordered to be recorded in the record of wills.

J. P. Casady
County Judge

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State of Iowa
Pottawattamie County

I, J. P. Casady, County Judge in/and for said County, do hereby certify that the last will of Ezekiel Downs was duly proved as required by law. Witness my hand and official seal this the 7th day of May 1861.

J. P. Casady

County Judge

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[Record of Wills, Pottawattamie County, Iowa, submitted by Ann & transcribed by Cathy Danielson]