I, Sylvester M. Smith, declare this to be my last will and final disposition of all my property, both real and personal, i.e. I give at my death all my said property to my wife, Elizabeth, to use and control so long as she shall live single, to be divided at her death, or if she marries again, equally among my three children, as follows: Mary Florinda, George Franklin and David Spencer, giving to my son Joseph Sidney one hundred dollars, and to my daughter Elizabeth one hundred dollars, provided that when my son Joseph Sidney shall be legally free from her who was his wife (Mary Helen). He shall then have two hundred dollars more; and if my said daughter Elizabeth shall become reconciled to me before my death, she also shall have two hundred dollars more, provided, also, that if said wife Elizabeth married again she shall retain for her own use one equal third part of my said property so long as she shall live. Said third to be divided at her death equally among my said children: Mary Florinda, George Franklin and David Spencer, and said last three shall be executors of this my first and last will and final disposition of all my earthly interests.

And as for myself, I anticipate a better inheritance in a land free from storms and errors, and which will never fail.

Written with my own hand and pen at Council Bluffs this 22 day of October, A.D. 1868.

S.M. Smith

Subscribed by said S.M. Smith in our presence, and by him declared to be his last will and testament this 27th day of November 1868.

D.C. Bloomer, Council Bluffs, Iowa

J.D. Edmundson, Council Bluffs, Iowa

State of Iowa,

Pottawattamie County

I, S.D. Street, Clerk of the Circuit Court in and for said county and state, do hereby certify that the within and fore going will of S.M. Smith deceased, was on this 3rd day of February A.D. 1881 duly proven in open court by the testimony of D.C. Bloomer and J.D. Edmundson, the subscribing witnesses thereto, who upon oath say that said will was duly executed by said testator in the presence of the attesting witnesses thereto and by them signed in the presence of each other and in the presence and at the request of said testator.

And, I further testify that said last will and testament as proved was by said Circuit Court allowed and admitted to probate as and for the last will and testament of S.M. Smith, deceased, and ordered by said Circuit Court that said Will together with this certificate be recorded in the Will Records of said court and that the same has been so recorded in Will Record B, pages 310 and 311, inclusive.

In testimony whereof, I have hereunto set my hand and caused to be affixed the seal of said Circuit Court. Done at Council Bluffs this 3d day of February A.D. 1881.

S.D. Street, Clerk of Circuit court