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1 <br />1 <br />1 <br />M, <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 <br />