Will of Thomas Pattison Wood
from Newfoundland will books volume 6 pages 562-570 probate year 1899

Last will and Testament of
Thomas P. Wood of Speldhurst, Tunbridge, Wells
in the County of Kent, England, deceased

      This is the last will and Testament of me Thomas Pattison Wood Esquire late a captain in her Majesty’s 29^th Regiment of Foot at present residing at Rusthall Speldhurst in the County of Kent made this nineteenth day of June one thousand eight hundred and seventy three I revoke all former wills by me at any time heretofore made and declare this to be my last Will and Testament I hereby appoint my nephew Richard Shaw Wood of Oakfield Canada West Esquire Marmaduke Brooking of Cumberland Street, Hyde Park in the County of Middlesex Esquire and Nathaniel Polhill Ledgard Esquire a Major in her Majesty’s 29^th Regiment of Foot Executors of this my will with reference to all my personal estate and effects in the United Kingdom of Great Britain and Ireland and all other my personal estate if any with respect to which no other appointment of an Executor is herein made and also Trustees of this my will as to all real and personal property hereinafter devised and bequeathed to them as Trustees I bequeath to each of them if as shall prove my will and undertake the trusts thereof the legacy of one hundred pounds free from legacy duty for his own use and benefit and whenever hereafter in this my will the phrase “my said Trustees for “general purposes” is used I mean and intend the said Richard Shaw Wood Marmaduke Brooking and Nathaniel Polhill Ledgard and the survivors and survivor of them and the executors and administrators of such survivor and any new Trustee or Trustees to be appointed for this my will in their place or places of any or either of them under the provisions of the act of the 23^rd and 24^th Victoria Chapter two or by any court of competent jurisdiction and I direct that this my will shall (as regards my said Trustees) be treated as if within all the provisions of the said act relating to Trustees and Executors
I appoint the said Richard Shaw Wood sole Executor of this my will with respect to such part of my personal estate and effects as at the time of my decease shall be in Trinidad Grenada Newfoundland and the Islands of Bermuda or invested in any securities in any of those countries and also with respect to all my property assets and securities claims and demands which may require the action or intervention of an Executor or legal personal representative within these countries or any of them I appoint the said Richard Shaw Wood and Thomas Middleton of New York in the United States of America Gentleman Executors of this my will with respect to such part of my personal estate and effects as at the time of my decease may be in the said state of New York or elsewhere in America or invested in any securities in the said States and also with respect to all my property assets and securities claims and demands which may require the action or intervention of an Executor or legal personal representative within the said United States And I devise and bequeath all my real and personal estate whatsoever in Trinidad Grenada Newfoundland and the Islands of Bermuda and all parts shares and interests in real and personal estate in those countries or any of them of or to which I shall at my death be seized or entitled in possession reversion remainder or expectancy or over which I shall at my death have any disposing power unto the said Richard Shaw Wood his heirs executors administrators and assigns according to the nature and quality thereof upon trust as soon as conveniently may be after my decease to sell and convert into money all such parts thereof as shall not consist of money and I direct the said Richard Shaw Wood to pay over to my said Trustees for general purposes the moneys arising from such sale and conversion to be held by them upon and subject to the trusts hereinafter declared of and concerning my general residuary estate
I give devise and bequeath all my real and personal estate whatsoever in New York or elsewhere in the United States in America including any portion of my estate which at the time of my decease may be invested on Bond or mortgage of property situate in any of the said United States or in the public stocks or funded debt of any of the said United States or of the General Government thereof unto the said Richard Shaw Wood and Thomas Middleton their heirs executors administrators and assigns according to the nature thereof upon trust as soon as conveniently may be after my decease to sell and convert into money all such parts of my said last mentioned real and personal estate as shall not consist of money And I direct the said Richard Shaw Wood and Thomas Middleton to pay to my said Trustees for general purposes the moneys to arise from such sale and conversion to be held by them upon and subject to the trusts hereinafter declared of and concerning my general residuary estate provided always and I hereby declare that it shall be lawful for the said Richard Shaw Wood with respect to that portion of my estate hereinbefore devised and bequeathed to him in trust as aforesaid and for the said Richard Shaw Wood and Thomas Middleton and the survivor of them and the heirs executors and administrators of such survivor with respect to that portion of my estate hereinbefore devised and bequeathed to them in trust as aforesaid to defer and postpone the sale and conversion of the whole or any part or parts of the said real and personal estate hereinbefore devised and bequeathed in trust for sale respectively so long as the said Richard Shaw Wood in the one case and the said Richard Shaw Wood and Thomas Middleton or the survivor of them or the heirs executors or administrators of such survivor in the other case shall in his and their uncontrolled direction seem proper And I declare it to be my wish and I recommend (but not so as to impose any trust or obligation or to interfere with the discretion of the said last mentioned Trustees or Trustee) that any foreign stocks funds or securities of which I may be possessed at my death be not sold or parted with unless the said last mentioned Trustees or Trustee shall deem it expedient to sell or part with the same but any real estate shall for the purpose of transmission be impressed with the quality of personalty from the time of my death And I empower the said Richard Shaw Wood in the one case and the said Richard Shaw Wood and Thomas Middleton and the survivor of them and the heirs executors and administrators of such survivor in the other case during such interval or postponement to make out of the income or capital of my real and personal estate any outlay which he or they may consider proper for improvements repairs insurance calls on shares premiums or policies or otherwise for the benefit or in respect of my real or personal estate hereinbefore devised and bequeathed to him and them respectively And I declare that the net rents and profits or other income produced from every or any part of my real or personal estate previously to the sale conversion or collection thereof pursuant to the trusts hereinbefore declared shall be applied in the same manner in all respects as if the same were income proceeding from such investments as are hereinafter directed or authorized and that the whole of the income produced from my estate (real or personal) in its actual condition or state of investment for the time being shall as will bring the first year from my death as afterwards be applicable wholly as income under the trusts of this my will

I give and bequeath all my jewels jewelry trinkets and personal ornaments to my son Richard Francis Marmaduke Wood in case he shall live to attain the age of twenty one years and I direct my said Trustees for general purposes to take charge of the same in the meantime and in case my said son shall die under the age of twenty one years then I give and bequeath my Russia leather jewel case with its contents unto the said Nathaniel Polhill Ledgard and the half hoop ring set with five diamonds which I presented unto my late wife unto my God daughter Bessie the daughter of the said Richard Shaw Wood and the residue of the said jewelry trinkets and ornaments unto my brother in law George Young and his nephew the son of the late John Young to be divided equally between them by my said Trustees for general purposes

And I give devise and bequeath all my real and personal estate whatsoever and wheresoever (not hereinbefore devised or bequeathed) unto my said Trustees for general purposes their heirs executors and administrators according to the nature and quality thereof upon trust to call in and sell and convert into money all such parts thereof as shall not consist of money and I declare that my said Trustees for general purposes shall stand possessed of the money to arise from such calling in sale and conversion as aforesaid and of the ready money of which I shall die possessed and of any moneys received by them from the sale and conversion of my estate and effects in Trinidad Grenada Newfoundland and the Islands of Bermuda and the United States of America upon trust after paying there out my debts and funeral and testamentary expenses and the legacies hereinbefore bequeathed to lay out and invest the residue thereof in their names or under their legal control in or upon any of the parliamentary stocks or public funds of Great Britain or any of the Government stocks funds or securities of any British Colony or India or of any Foreign Country Government or state or on real securities in England or in or upon the stocks funds loan-notes debentures mortgages or securities or the guarantees or preference stock of any company incorporated by act of Parliament and paying a dividend upon the original capital stock of such company with power to alter vary and transfer such stocks funds and securities from time to time into or for others of the same or a life nature and as they shall from time to time think fit and I direct that my said Trustees for general purposes shall stand possessed of my said residuary estate pending conversion and likewise of the stock & funds shares or securities in or upon which the proceeds thereof or of any part or parts thereof shall from time to time be invested upon trust to pay or apply the whole or as sufficient part of the income thereof for or towards the maintenance and education of my said son during his minority and to accumulate the residue thereof in the way of compound interest by investing the same and the resulting income thereof from time to time in or upon any such stocks funds shares or securities as are hereinbefore mentioned with power for my said Trustees for general purposes to resort to the accumulations of any preceding year or years and apply the same for or towards the maintenance or education of my said son and upon my said son attaining his said age of twenty one years upon trust to convey and assure any unconverted residuary estate if any and to pay and transfer all such stocks funds shares and securities and any such accumulations as aforesaid to him absolutely
But in case my said son shall die under the age of twenty one years my said Trustees shall stand seized or possessed of my said residuary estates or the stocks funds shares or securities wherein the proceeds of the same may be invested and the accumulations thereof upon trust such person or persons as under the statutes for the distribution of the estates of intestates would have become entitled to any personal estate of mine had I survived my said son and died possessed thereof intestate immediately after the death of my said son such persons if more than one to take as tenants in common in the shares in which they would have taken under the same statutes any personal estate as to which I might have died intestate provided always and I hereby declare that it shall be lawful for my said Trustees for general purposes during the minority of my said son to apply such part as they shall think proper not exceeding in amount or value one third part of the corpus or principal of my said trust estate for or towards the advancement preferment or benefit of my said son and I hereby declare that it shall be lawful for the respective Trustees to whom my respective real estates are hereby devised at any time or times before all my said real estates shall have been sold to demise all or any part thereof respectively for any term of years absolute not exceeding twenty one years to take effect in possession so as there be reserved on every such demise the best yearly rent or rents to be incident to the immediate reversion that can be reasonably gotten without taking any fine premium or foregift or anything in the nature thereof and so as there be contained in every such demise a condition for re-entry on nonpayment within a reasonable time to be therein specified of the rent or rents thereby reserved and so as the lessee or lessees do execute a counterpart thereof and be not made dispunisheable for waste

I appoint the said Richard Shaw Wood Marmaduke Brooking and Nathaniel Polhill Ledgard Guardians of my said son during his minority And I desire that my said son shall remain in England and be educated there until he attains his age of twenty one years I devise all estates in England which shall be vested in me at the time of my decease as Trustee or mortgagee unto the said Richard Shaw Wood Marmaduke Brooking and Nathaniel Polhill Ledgard their heirs executors administrators and assigns upon the trusts and subject to the equities affecting the same respectively

In witness whereof I have to each of the five preceding sheets of this my will and at the foot or end of this sixth and last sheet thereof set my hand the day and year first above written (sgd) T. P. Wood - Signed and declared by the above named Thomas Pattison Wood the Testator as and for his last will and Testament in the presence of us present at the same time and we in his presence and in the presence of each other have hereunto subscribed our names as witnesses and the said Testator being blind the same will was first read over to him in our presence
(sgd) Thomas Fox Simpson Tunbridge Wells Solr.
(Sgd) Fras. Boreham Tunbridge Wells clerk to Messrs Stone & Simpson Solicitors.

Codicil

This is a codicil to the last will and Testament of me Thomas Pattison Wood Esquire late a Captain in Her Majesty’s 29^th Regiment of Foot at present residing at Rusthall Speldhurst in the County of Kent which will bears date the nineteenth day of June one thousand eight hundred and seventy three whereas in and by my said will I have directed my Trustees for general purposes therein named in the event of the death of my son under the age of twenty one years to stand possessed of my residuary estate or the stocks funds & shares or securities wherein the proceeds of the same may be invested and the accumulations thereof upon trust for such person or persons as under the statutes for the distribution of the estates of intestates would have become entitled to any personal estate of mine had I survived my said son and died possessed thereof intestate immediately after the death of my said son Now I hereby revoke the said direction and trust and in lieu thereof in the event of the death of my said son before he shall attain the age of twenty one years I declare that my said Trustees for general purposes named in my said will shall stand seized or possessed of my said residuary estate or the stocks funds shares or securities wherein the proceeds of the same may be invested and the accumulations thereof upon trust for my nephew Richard Shaw Wood in my said will named his heirs executors administrator and assigns absolutely And in all other respects I hereby confirm my said will In witness whereof I have hereunto set my hand this eleventh day of August one thousand eight hundred and seventy three. (Sgd) T. P. Wood Signed and declared by the said Testator as and for a codicil to his last will and Testament in the presence of us present at the same time and we at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses and the said Testator being blind the same was first read over to him in our presence.
(Sgd) Thos. Fox Simpson Tunbridge Wells Solr.
(Sgd) Fras. Boreham Tunbridge Wells his clerk.

      I certify the foregoing to be a correct copy of a duplicate of the last will and Testament of Thomas P. Wood deceased

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Resealed
in accordance
with the
provisions of
the Probate
Recognition
Act 1893.
Dated
Decr 16/99
J. I. Little
C.J.