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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
William Hunter Woodman
Will of William Hunter Woodman
from Newfoundland will books volume 14
pages 51-57 probate year 1927
WILLIAM HUNTER WOODMAN. DECEASED.
1. I WILLIAM HUNTER WOODMAN of 3 Abbotsford Terrace in the City and
County of Newcastle upon Tyne Gentleman hereby revoke all former wills
and testamentary dispositions made by me and declare this to be my last
Will and Testament.
2. I appoint my son Frank William Woodman and my daughter Marjorie
Woodman and also my son John Woodman if he
shall be residing permanently in England at the time of my death but
not otherwise (hereinafter called "my
to be the Executors and Trustees of this my Will.
3. I bequeath to my said son John Woodman if he shall be residing permanently
in England at the time of my death and if not then to my said son Frank
Millican Woodman the coloured photograph war medals and plaque memorial
scroll and other framed War Office communications of and relating to
my late son William Ernest Woodman who was killed in action in the great
war And I solemnly express my desire (but without intending to impose
any trust or obligation) that the said photograph war medals and other
articles should be carefully handed down in the male line of my family
(or on failure of the male line then in the female line) as a means of
honouring the name of my said son and cherishing his memory.
4. I bequeath to my sister Mary Rowell absolutely the sum of Two hundred
pounds free of all death duties and expenses but if she shall die in
my lifetime then I bequeath the same unto and to be equally divided between
her two daughters and if either of such daughters shall die in my lifetime
then I bequeath the said legacy to the survivor of them absolutely.
5. I bequeath to Thomas Taylor a Woolsorter in my employment (whether
or not he shall be in my employment at my death) the sum of two hundred
pounds free of all duties in recognition of his true and faithful service
but if he shall die in my lifetime then I bequeath the same to his wife.
6. (a) I also bequeath to the said Thomas Taylor an annuity of One hundred
and four pounds during his life free of all death duties and expenses.
(b) I direct that such annuity shall commence from my death and shall
accrue from day to day but shall be paid by equal quarterly payments
the first payment to be made at the end of three calendar months from
( c) My Trustees may provide for payment of the said annuity hereby bequeathed
either by purchasing a Government annuity or an annuity from an Insurance
Office or by setting apart as an annuity fund investments the income
whereof shall in the opinion of my trustees be sufficient at the time
of setting apart to pay such annuity and the annuity so provided for
shall cease to be a charge upon the residue of my estate and become charged
solely upon the annuity purchased or on the income and capital of the
investments so purchased or set apart and my residuary estate or the
proceeds thereof may be distributed accordingly discharged from the said
(d) Upon cesser of the said annuity the annuity fund (if formed) shall
fall into and form part of my residuary estate and any income of the
annuity fund after payment of the said annuity shall be applied in the
same manner as income of my residuary estate.
7. I bequeath the following charitable legacies free of all death duties
(a) To the Royal Victoria Infirmary for the Sick and Lame poor of Newcastle
upon Tyne the sum of five hundred pounds.
(b) To the Princess Mary Maternity Hospital Newcastle upon Tyne the sum
of two hundred and fifty pounds.
( c) To the Fleming Memorial Hospital for Sick Children Moor Edge Newcastle
upon Tyne the sum of Two hundred pounds. And I declare that the receipts
of the treasurers of the respective institutions shall be sufficient
discharges to my Trustees who shall not be concerned to see to the application
of such legacies.
8. With reference to the debt now owing to me by Joseph Lee Rowell the
son of my sister the said Mary Rowell or such part (if any) thereof as
may be owing to me at my death by him (or by his representatives if he
should die in my lifetime) I authorize my Trustees in their absolute
and uncontrolled discretion either to give to the said Joseph
Lee Rowell or his representatives (as the case may be) such time for payment of
the same upon such terms as to interest and otherwise as my Trustees
may think fit or else at any time or times to release and forgive the
said debt or such part thereof as my Trustees may think fit.
9. I give devise and bequeath all my real and personal estate not hereby
otherwise disposed of unto my Trustees Upon trust that my Trustees shall
sell call in and convert into money the same of such part thereof as
shall not consist of money and shall with and out of the moneys produced
by such sale calling in and conversion and with and out of my ready moneys
pay my just debts funeral and testamentary expenses and death duties
and shall also pay or provide for the legacies and annuity bequeathed
by this my will or any Codicil hereto and shall at their discretion invest
the residue of the said moneys with power from time to time at such discretion
to vary the investments and shall stand possessed of the residue of the
said moneys and the investments representing the same (hereinafter called "the
Trust Fund") Upon trust to divide the same between such of them
my said sons John Woodman and frank William
Woodman and my daughter Marjorie
Woodman as shall survive me in equal shares as tenants in common
Provided always that if any of them my said sons and daughter shall die
in my lifetime leaving a child or children who shall survive me and attain
the age of twenty one years or being female marry under that age such
last mentioned child or children shall take and if more than one equally
between them the share which his her or their parent would have taken
if such parent had survived me.
10. (a) Notwithstanding the trusts aforesaid I direct that my Trustees
shall retain the share of my said daughter Marjorie Woodman in the trust
fund in their names or under their control with power with the consent
of my said daughter during her life but after her death at their discretion
from time to time to vary the investments thereof for others hereby authorised
and shall stand possessed of the said share or the investments representing
the same Upon trust to pay the income thereof to my said daughter for
her life without power of anticipation during any coverture
(b) After the death of my said daughter the capital and income of her
share so retained as aforesaid shall be held in trust for such person
or persons for such purposes and in such manner in all respects as my
said daughter shall whether covert or sole by deed or deeds revocable
or irrevocable or by Will or Codicil appoint And in default of and subject
to any such appointment In trust for all or any the children or child
of my said daughter who attain the age of twenty one years or being female
marry under that age and if more than one in equal shares.
( c) If my said daughter shall not have any child who under the trust
in default of appointment herein before contained attains a vested interest
in her share then subject to the trusts and powers hereinbefore declared
in favour of my said daughter and her issue the share of my said daughter
and all accumulations (if any) of income or so much thereof respectively
as shall not have become vested or been paid or applied under any trust
or power affecting the same shall accrue to and be held in trust for
my said sons John Woodman and Frank Millican
Woodman as tenants in common
in equal shares.
11. My Trustees may postpone the sale and conversion of my property (including
leaseholds or other property of a terminable or wearing our nature) and
in particular may continue any investments whether the same are of a
nature authorised by this my will or not and however doubtful or hazardous
or limited the nature or description of the same may be for so long as
they shall think fit and they shall not sell or convert into money reversionary
property before it falls into possession unless in their opinion it shall
be necessary to do so to prevent loss and the rents profits and income
to accrue after my death from such part of my estate as shall for the
time being remain unsold and unconverted and howsoever invested shall
after payment thereout of all incidental expenses and outgoings be paid
and applied to the person or persons and in the manner to whom and in
which the income of the proceeds of such sale and conversion would for
the time being be payable or applicable under this my Will if such sale
and conversion had been actually made.
12 as regards any real or leasehold property remaining unsold my Trustees
may let or demise the same either from year to year or for any term of
years at such rent and subject to such covenants and conditions as they
shall think fit and may accept surrenders of leases and tenancies expend
money in repairs and improvements and generally manage the property according
to their absolute discretion as if they were the beneficial owners thereof
And any money required for repairs or improvements may be raised out
of income or out of the capital of my estate as my trustees shall under
the circumstances think fit and equitable.
13. In the execution of any of the trusts and powers hereof my Trustees
may decide what money represents income and what represents capital and
may allot appropriate or apportion any money hereditaments or investments
the trusts whereof or of the net proceeds of sale whereof are hereby
declared at the means market price of the day or at a valuation in or
towards satisfaction of any legacy share or interest (whether settled
or not) in my estate in such manner as my Trustees shall deem just and
reasonable according to the respective rights and interests of the parties
but so that such appropriation shall not prejudice the trust for sale
and powers of management in respect of any property appropriated in or
towards satisfaction of a settled share or legacy and for the purposes
aforesaid may ascertain and fix the value of the respective parts of
the said investments and hereditaments and every such decision allotment
appropriation apportionment and valuation shall be as binding upon the
persons then or thereafter to be interested in the premises as if the
same had been duly made by a Court of competent jurisdiction and this
present power is to be in addition to the power of appropriation conferred
by Section 4 of the Land Transfer Act 1897 and none of the notices or
consents required by that section or by any enactment passed or to be
passed in substitution therefor shall be deemed necessary.
14. (I) All moneys liable to be invested under this my Will may be invested
in any investments for the time being authorised by law for the investment
of trust moneys or in or upon any stocks funds or securities of or guaranteed
by the Government of any British Colony State or Dependency or any province
thereof or in or upon the debentures or debentures stock or guaranteed
or preference stock or shares of any railway or other Company in Great
Britain or India incorporated by Act of Parliament or Royal Charter and
paying a dividend on its ordinary stock or shares or in or upon the bonds
debentures or securities of or issued by any Public municipal or local
body or authority in the United Kingdom or in preference shares of any
incorporated permanent Building Society in England or upon real or leasehold
securities in England or Wales but not elsewhere such leasehold securities
being held for a term whereof sixty years at least shall be unexpired
at the time of such investment or in any shares of St. Andrew's Buildings
(West) Limited and my Trustees may release any part of the property comprised
in any mortgage security if satisfied that the remaining property comprised
therein is a sufficient security for the money owing thereunder.
(II) My Trustees may accept or refuse any new shares or stock in any
Company which may be offered or allotted to them in respect of any investments
for the time being subject to the trusts hereof and may pay out of capital
any calls which may become due in respect of any new shares or stock
so accepted or may sell the benefit of any allotment letter and so that
the proceeds of any such sale shall be treated as capital and generally
may make such arrangements on the reconstruction or winding up of any
Company as my Trustees may think fit And any bonus which may from time
to time be declared in respect of any shares or stock subject to the
trusts hereof shall be applied as if it were income arising therefrom.
(III) I recommend (but without intending to impose any trust or obligation
upon my Trustees) that my Trustees shall postpone the conversion of any
shares belonging to me at my death in St. Andrew's Buildings (West) Limited
until they shall see special reason for sale and shall if and when the
opportunity occurs to do so at favourable prices acquire further shares
in the same Company.
IN WITNESS whereof I have set my hand to this my Will contained in this
and the five preceding sheets of paper this tenth day of February One
thousand nine hundred and twenty five.
W. H. WOODMAN.
by the said William Hunter Woodman as and for his last Will and Testament
in the presence of us together present at the same time who in his presence
at his request and in the presence of each other have hereunto subscribed
our names as witnesses
|With Messrs Wilkinson & Marshall
|Newcastle upon Tyne.|
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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