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A Collection of Newfoundland Wills
William Hunter Woodman


Will of William Hunter Woodman
from Newfoundland will books volume 14 pages 51-57 probate year 1927

In re

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 Trustees") 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 my death.
( 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 annuity.
(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 and expenses.
Viz: -
(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.


Signed 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

Leslie Creery
With Messrs Wilkinson & Marshall
Bernard Cordes
Newcastle upon Tyne.

William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat June
18th 1927.
Kent J.
Re Sealed
June 18/27.
Estate sworn
at $3910.31



Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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