Will of James Alexander Whiteford from Newfoundland will books volume 5 pages 149-152 probate year 1887

Last will and Testament of
James Alexander Whiteford of
Saint John's Jeweller.

This is the last will and Testament of me James Alexander Whiteford of St. John's Newfoundland Watchmaker and Jeweller. I hereby revoke all former wills ever by me made and appoint James Goodfellow, Alex J.W. McNealy and Isaac Robert McNealy to be the executors of this my last will. To my said executors I give and bequeath all my right title and interest in the lands, houses and erections thereon known as Dundee, also the land at Long pond or Kents pond as tis sometimes called purchased from Nugent and Whelan with the houses thereon, also the farms on the north and south sides of the cross road to Ryans and known as Lakeview and Suttons farm, and also the farm of about nine acres with house thereon now rented to Dunn on the Portugal Cove Road, together with all my stock in trade household furniture, horses cattle, carriages farm implements, or other property which I shall be possessed of at the time of my decease, and also all money that may be in hand in bank or otherwise invested or deposited elsewhere upon trust, to pay out of the rents issues or profits of the aforementioned lands and the ??? dividends arising from the monies, which they are to invest at interest in the way they may consider best or from the principal sum or proceeds of sales of any of the property above stated.
Unto my sister Mary Ann Reynolds eighty pound annually during her natural life, unto William M. Whiteford one hundred pounds annually during his natural life and unto my sister Isabelle Whiteford Rogerson for her sole use and benefit, at the death of my sister Mary fifty pounds annually during her natural life the payments to be made quarterly in each year, and after their decease then upon trust, to transfer the land and houses known as Dundee to my grand nephew James Alex W. W. McNealy and in the event of his decease before he arrives at the age of twenty one years to my grand nephew James Whiteford McNealy (son of R. McNealy) and upon trust, to transfer all the other lands and erections thereon to James Whiteford McNealy above named, together with the sum of one thousand pounds in money, but in the event of his becoming entitled to the property bequeathed to his cousin James Alex W. W. McNealy in the way above stated then this last named bequest shall be for the use and benefit of his cousin, next oldest surviving son of Alexander W. McNealy the rents issues interest or profits after the decease of my sister and brother named in this will, to be applied for it to the making up of the amount named (in this will) in the last mentioned bequest should such be necessary, and after that is provided then to the respective parents of the children entitled during their life time, of the respective parents or either of them, and afterwards to transfer the residue of my estate as follows. One half to Alex J. McNealy and Jessie McNealy and in the event of their decease to his children and one half to J. R. McNealy and Alice McNealy and in the event of their decease to his children. It is my will however regarding household furniture that the same be not sold or otherwise disposed of during the life time of either of my sisters named except by their consent and that they or either of them have the use of all furniture furnishings bed and table linen cutlery and other household articles free of any charge whatever so long as they require the same, and further that in the event of the decease of my brother William occurring before that of my sisters that the annual allowance provided for him be after his death paid to my sisters Maryan and Isabella or the survivor of either of them in addition to the sums hereinbefore named and in the case of Isabella, subject to the same conditions. In witness whereof I have hereunto set my hand and seal at St. John's Newfoundland the eleventh day of May A.D. one thousand eight hundred and eighty five Jas A Whiteford (LS)

Codicil
As a codicil to this my last will and Testament dated 11^th May eighteen hundred and eighty five, while confirming in all respects my said will it is my desire that Marian Reynolds and my other two sisters or any surviving one of them shall have the right to occupy the dwelling house at Dundee and have the use of the gardens and grounds in connection therewith free of charge so long as they or either of them may require the same. It is also my desire to authorize my executors to hire or lease to others the whole or any part or parts of the lands or houses mentioned in my will, or to use occupy and work or farm the same on account of my estate, but in the case of Dundee being leased as a whole or fair proportion of the rent will be paid to my sister Marian Reynolds or to either of her surviving sisters should the same be demanded on their vacating the house and grounds above described.
I also declare that the lands and money mentioned in connection with the name of James Whiteford McNealy appertain to each other and are not to be divided, and my executors may at any time when funds are available, if they consider it desirable or necessary to do so, expend the one thousand pouinds named or so much thereof as may be required in the ??? of a dwelling house and other outhouses and in laying out a garden and grounds in connection therewith, and the houses as erected together with any unexpended balance will be for my grand nephew who may become entitled to the lands under the condition stated in that portion of my will.
As regards the business carried on by me in Water Street my executors have full power granted to them to sell or dispose of the whole business or to otherwise realize the stock in trade and all of my other property in connection therewith as they may think best and I also grant them permission to continue the business as at present carried on if they think it desirable to do so without their being in anyway liable for losses that may be sustained and for the better carrying out of this purpose they are at liberty to renew the lease of the house and shop and make such other arrangements as may be necessary. J. A. Whiteford (LS). Signed published and declared in the presence of us who in the presence of the Testator and of each other witnessed the same.
J. Goodfellow. J. J. Rogerson. September 16^th 1887

I certify that the foregoing is a correct copy.
D. M. Browning
Registrar