Will of William Wells
from Newfoundland will books volume 6 pages 70-72 probate year 1893

Last Will and Testament of
William Wells of Twillingate
Planter deceased.

      This is the last will and Testament of me William Wells of Trout Harbor North Island Twillingate in the Northern District of Newfoundland Planter.

Firstly I give devise and bequeath all my real and personal estate of every description situate in Trout Harbor, North Island Twillingate, bounded on the North by waste land, on the south by the Main Road of the Harbor, on the west by Mrs. Munden's property and on the East by the Wesleyan School grounds. Also all my water premises belonging thereto, with all and every erections thereon. Also all the furniture in the Dwelling House and elsewhere together with what cattle I may be possessed of at my death to my three sons William John Wells, Henry Thomas Wells and Alfred Wells in equal portion according to value. But should any of my three sons named in this my said will at any time leave the premises or any part thereof he shall forfeit and lose all claim on my said estate which shall then become the property of my two remaining sons named and should either one of the two remaining on my said estate leave, he shall also lose his claim and forfeit his right and title to any part of the said estate. The last of my said sons or his heirs and successors remaining on this my said estate shall then become the sole lawful possessor of the whole of my said estate. It is further my will and order that neither of my sons within named shall sell or dispose of any part of my said estate previous to his or their leaving or after leaving forfeited all claim on the said estate by either of them leaving the said premises or making any previous agreement to their leaving. The property to belong to no other than those of my three sons named or their heirs remaining thereon.

Secondly it is further my will and request that my three sons named in this my will shall provide for the proper support and all other necessaries for my wife Sophia Wells (their mother) during her life, but should any of my three sons named in this my will at any time neglect to the proper support of my said wife Sophia Wells he or either of them shall forfeit all claim on my said estate and become the property of either of those named in this my will taking care of her during her life. My wife Sophia Wells giving her own things and wearing apparel as she may think proper at her death.

Thirdly. My son James Wells now in Canada and being well provided for I bequeath to him one shilling currency.

Fourthly my daughter Elizabeth wife of the late Joseph Preston and my daughter Mary Jane wife of Thomas E. Wells being both provided for I give and bequeath to my said two daughters one British sovereign in Gold to each of them.

Fifthly I do nominate and appoint William John Wells my son and William Baird of Trout Harbor North Island Twillingate to be my executors of this my last will and Testament and revoke all previous wills by me at any time heretofore made. In witness whereof I hereunto set my hand this twenty eight day of August in the year of our Lord one thousand eight hundred and eighty-three (sgd) William Wells Signed by the said William Wells the Testator in our presence who in his presence and in the presence of each other at the same time subscribe our names as witnesses. (Sgd) Titus W. Manuel. Carpenter. (Sgd) Obadiah H. Manuel Sail Maker.

Codicil

I William Wells of Trout Harbor North Island Twillingate do make this codicil to my last will which will bears date the 28^th day of August 1883 - Whereas I have in my said will mentioned in the first section that if any of my three sons named in this my said will at any time leave the premises or any part thereof he shall forfeit and lose all claim on my said estate. Now I do hereby revoke that said part of my said will so far as relates to the leaving of the premises -
Now to define this part of my said will more definitively I request and desire and to be clearly understood that if any or either of my three sons named in this my said will leave only for a time to learn a trade or improve their position in life, either of them shall not forfeit or lose his claim of his share of my property left him by my will but should either of them get married, leave Twillingate and settle elsewhere he then shall forfeit and lose all claim on the said property. In the event of any of my said sons named in this my said will dying and his wife remarrying the said share of my said sons property shall be equally divided between his own children living, or should he have no children then his share of this my property shall revert to my sons living named in my said will and remaining on the property or to their lawful children. And in all other respects I confirm my said will. In witness whereof I hereunto set my hand this seventeenth day of July in the year of our Lord one thousand right hundred and eighty five. (Sgd) William Wells. Signed by the said William Wells the Testator in our presence who in his presence and in the presence of each other at the same time subscribe our names as witnesses. (Sgd) Obadiah Manuel Sail Maker. Twillingate. (Sgd) Joseph Moors. Planter, Twillingate

      I certify the foregoing to be a correct copy of the last will and Testament and Codicil of William Wells deceased

Registrar

(Listed in the margin next to this will the following)
Fiat
J. S. Winter
J.
Probate
granted
to Wm Jno Wells
& Wm Baird
the exors.
Dated
June 9: 1893
Estate
sworn under
$1200.00