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4th.I give and bequeath,subject to the foregoing provisions of this will,to my beloved son
<br />Charles J.McCullough,all the rest and residue of my estate both real and personal whereever
<br />situate and whether now now owned by me or hereafter acquired,and request that my son Charles
<br />J.Make his home on the said eighty acres with his father my beloved husband and my said sister'
<br />and join my husband in caring,for her that she all all times be treated with kindness and due
<br />consi.deration,and as my said husband and son know I would approve if living,Trusting that they
<br />will so treat her I am turning her over to their care,I further request my son to farm and use
<br />the said eighty as a home,if agreeable to his father and to pay his father for the use thereof
<br />one third of the crop raised each year,delivered as as may be agreeable to his father as long
<br />as his said father may live,and if .,my said husband should die before s4e does that he,my son
<br />care for her as long as she lives if agreeable to her,and that in the same kindly way if agree-
<br />able to both,if need be so look after his father Un his old age,or when necessity demand.
<br />That my son pay the tax and up keep on and of the said farm and commit no Baste thereon. That
<br />upon the death of my beloved husband and said sister he,my son,pay or arause to be paid the
<br />bequests to my other children as herein provided,without interest.
<br />5. In case any one of my said children shall die in my filetime,leaving issue or descendants
<br />I direct that his or her share shall not lapse,but shall pass and be paid such descendants in
<br />equal proportions.
<br />6th I appoint my said son Charles J.McCullough,Executor of this my last will and testament,
<br />hereby revoking all former wills by me made,and hereby request that said executor be not re-
<br />quired to give bond.
<br />In witness whereof,I have hereunto subscribed my name this 30th day of May A.D.1923•
<br />Elleir McCullough
<br />We whose names are hereunto subscribed,do hereby certify that Ellen McCullough the testatrix,
<br />subscribed her name,to this instrument,in our presence and in the presence of each of us,and
<br />declared at the same time that this instrument was her last will and testament,in our presence
<br />and hearing and we at her request sign our names hereto in her presence as attesting witnesses.
<br />W. H. Thompson Grand Island Nebr
<br />George L. Rouse Alda Nebraska.
<br />CERTIFICATE OF PROBATE OF WILL
<br />State of Nebraska,
<br />ss. i
<br />Hall County, At a session of the County Court held in the County Room in Grand
<br />Island,in said County,on the 2911 day of September A.D. ,1923.
<br />Present J.H.Mullin,County Judge.
<br />In the Matter of the Estate
<br />of
<br />Ellen McCullough, deceased.
<br />I,J.H.Mullin,Judge of the County Court in and for said County,do
<br />hereby certify that on the 4th day of September 1923,Are instrument purporting to be the last
<br />will and testament of Ellen McCullough,deceased,was filed for probate in this Court. That on
<br />the 29� day of September Il923,said instrument to which certificate is attached was duly
<br />proved,probated and allowed as the last will and testament of the real and personal estate of
<br />said Ellen toCullough,deceased,and the same wash rdered to be recorded in the records of the
<br />Court aforesaid.
<br />IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the County Court
<br />this 29" day of September 1923-
<br />SEAL) J. H. Mullin
<br />County Judge.
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