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<br />education of said Walter Mullen, whether it be college, business college or whatever training the
<br />said Walter Mullen desires to take.
<br />EIGHTH
<br />I further order and direct that whatever cash money I have at the time of my death shall be used
<br />in the following manner, viz., First, that my executor shall pay the One Hundred ($100.00) Dollars,
<br />special bequest to the St. Mary's Cemetery of Wood River, Nebraska; Next, that he shall pay all of
<br />my funeral expenses and expenses in connection with my last illness, including any claims which shall
<br />be filed against my estate, and also pay the cost of probating my estate. If there is any balance
<br />remaining I hereby give, devise and bequeath the same to Leo P.Mullen, Nellie Mullen, John Mullen,
<br />and Harriet Mullen as Trustee for William J.Mullen,Jr., and Harriet Patricia Mullen, share and share
<br />alike; however in the event that there is not sufficient cash on hand to take care of the above ex-
<br />penses, then the cash on hand is to.be used as far as it will go, and the balance of said costs and
<br />expenses are to be born equally by the said. Leo P.Mullen, Nellie Mullen, John Mullen and Harriet
<br />Mullen, and I hereby provide that the taking care of such expenses is hereby made a charge against
<br />the bequest and devise hereinbefore made to each of said persons and against the property herein—
<br />before bequeathed to them and each of them.
<br />NINTH.
<br />On the 5th day of February, 1932, I signed, sealed and acknowledged two warranty deeds conveying
<br />certain real estate hereinbefore described to Nellie Mullen and John Mullen, and on the 16th day of
<br />July, 19351 I signed, sealed and acknowledged a warranty deed conveying said property to Leo P.
<br />Mullen, and Harriet Mullen, as Trustees for the use and benefit of William J.Mullen,Jr., and
<br />Harriet Patricia Mullen, which said deeds of conveyance are in accordance with this my last Will
<br />and Testament, and said deeds were deposited and left in escrow with Wm.P.Mullen, Attorney at Grand
<br />Island, Nebraska, wit instructions to deliver the same upon my death to the grantees and devisees
<br />who are obligated under the terms and provisions of this last Will and Testament to pay special
<br />bequests as hereinbefore provided, have paid the same, nor until all of said grantees and devisees
<br />have complied with all the terms and conditions both hereinbefore and hereafter provided; it is
<br />furthermore provided that neither of the grantees or devisees although having fully complied with
<br />the provisions of this my last Will and Testament shall receive his or her deed of conveyance or
<br />any other part of the devise going to them, if he or she shall in any wise or manner contest any
<br />of the provisions of this my last Will and Testament,the intention being that whoever of my children,
<br />or grandchildren, devisees or legatees, shall contest any of the, provisions of this my last Will
<br />and Testament his or her share shall by reason of such contest be forfeited, and such contestant
<br />shall receive nothing by virtue of any instrument or conveyance held in excrow by the said Wm.P.
<br />Mullen and said share or shares so forfeited shall be dirstributed equally amongst those contained
<br />and named in the residuary clause of this will, other than the contestant-or contestants.
<br />TENTH.
<br />All the rest and residue of my estate, whether now owned by me or hereafter acquired and wherever
<br />situate whether real, personal or mixed I give, devise and bequeath to Nellie Mullen, John Mullen
<br />Leo P.Mullen and Harriet Mullen, share and share alike.
<br />Ei,EVENTH .
<br />LASTLY, I make, constttute and appoint Edward Mullen to be executor of this my Last Will and Testa-
<br />ment, hereby revoking all former Wills by me made.
<br />IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this 16th day of October,
<br />1936.
<br />/s/ Owen Mullen
<br />Testator
<br />This instrument consisting of six typewritten pages was on the day of the date thereof, signed,
<br />published and declared by the said testator, Owen Mullen, to be his Last Will and Testament in
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