File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Laurie Downing Wilcox, 2 February 2001. Link change or update: 28 Apr 2001
Will of Ezekiel Downing
Transcribed from Lincoln County, MO Will Book 2, page 40 and provided by Laurie Downing Wilcox, 2001 .
Know all men by these presents that I Ezekiel DOWNING of the County of
Lincoln and state of Missouri being weak in body but of a strong and
disposing mind make this my last will and testament. 1st I bequeath soul
to God and my body to be buried in a Christian manner. 2nd the following
are the names of my family my wife Margaret DOWNING my hiers Elizabeth M.
BLAIR, John H DOWNING, Rachel B. COBB, Sarah M. BLAIR, Ann Eliza MOUNCE,
Nancy DOWNING, Mary Jane DOWNING, David C. DOWNING, William McClure DOWNING,
Ezekeil A. DOWNING. I wish all my first debts paid.
..... bequeath to my beloved wife the .... .... ..... .... for the
last thirty three years, together with all my household and kitchen
furniture also all my horses, cattle , hogs, sheep, and every other species
of stock and fowls ... belonging thereto together with my farming utensils
of every description of which stock she is at liberty to sell any portion of
to pay my debts or for her own benefit.
5th I further bequeath to my beloved wife during her natural life my three
slaved [sic] viz. a man named Jeramiah, a woman Hannah and her child Martha Ann
and their increase. I also give her the use of one hundred and five acres
and sixty eight hundreths of an acre of land lying west of Auburn it being
a part of the tract of land on which David MARICLE resided at the time of
his death by these presents I give my beloved wife full power and authority
to sell the above described tract of land or any portion of my stock or
any specs [sic] of my property to pay off my debts or to educate my children or
for any other purpose that she may see proper with the exception of the home
farm and that I wish to have equally divided at her death between my three
youngest sons viz David C. DOWNING , Wm McClure DOWNING, Ezekiel Andrew
DOWNING share and share alike.
6th It is my desire that my two daughters Nancy DOWNING and Mary Jane
DOWNING have their equal share with the balance of my daughters as soon
property can be sold after my decease to an amount that will be sufficient,
the amount I have given my son John H DOWNING and my daughters Elizabeth M.
BLAIR, Rachel B. COBB, Sarah M. BLAIR, Ann Eliza MOUNCE and their husbands
should not amount to two hundred and fifty dollars it is to be made that
amount , and if any have remained over that amount which my books and papers
will show they will amount to the balance for the same.
7th any of my children that I have given land to that have no deed for the
same but verbal agreement will call and ... .... .... .... make a general
warenter [sic] deed to such tracts of land as I have not yet made deed for.
8 At the death of my wife she is to make such distribution of all my estate
as she may think best with the exception of the home farm and that is to be
disposed of as before states.
9 my wife has power to give either of my two daughters or both a negro
apiece as their distribution share of my estate. if neither of them should
choose a negro they are to have the amount of the hundred and fifty dollars
in stock or cash as may suit them best or as near as may be.
9th know all men by these presents that I do make and constitute my son
John H DOWNING and my son- in - law Henry H. D. MOUNCE my lawful Executors
and attorneys in fact for the following described purpose (viz) to jointly
with my beloved wife Margaret DOWNING to make and execute the following
deeds first to H. H. D. MOUNCE and Ann Eliza his wife to the tract of land
on which the said MOUNCE now lives, containing Eighty acres. secondly they
are to make a deed Thompson BLAIR and Sarah M. BLAIR his wife to forty acres
of land lying north of the tract of land originally owned B. W. PARSONS.
10 It is my will and desire that my wife and executors settle up my estate
as above stated in my will without giving land and security to the probate
court for the ..., and it is expressly understood that J. H. DOWNING and H.
H. D. MOUNCE my executors and attorneys fast and jointly with my beloved
wife, are not to give land to the County Court but that they have full power
and to manage and settle up said estate to the use and benifit of my heirs
as above described, in case of the death of beloved wife or either of my
executors, those surviving shall have power as above described to go on
with the management of my estate. It is my will that my servant Jeramiah
shall not go out of the family.
11 It is furthermore my desire that in comunication ... will that nothing
more is neccessary than ... it be proved ... ... a ... ... ... ... ... I
have hereunto set my hand and fixed my seal this the 20th day of January
eighteen hundred and forty nine .... before signing and sealing.
M. H. MCFARLAND
Edward Y MOSS
April 3, 1849
File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Laurie Downing Wilcox, 2 February 2001. Link change or update:28 Apr 2001
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