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Will of John Woods
from Newfoundland will books volume 10 pages 533 to 536
probate year 1917
In re
John Woods deceased.
I, John Woods of Saint John’s
Newfoundland being of sound and disposing mind and memory and mindful of
the uncertainty of life, do make publish and declare this my last will
and testament in manner following, that is to say:
First I
direct my executor hereinafter named to pay all my just debts and funeral
expenses and cause a suitable headstone or monument to be erected over
my grave.
Second. I give and bequeath to my
beloved wife, Anne Woods, in case she shall survive me, all my household
furniture including piano, organ, plate, books, paintings and articles
of personal use and clothing absolutely. In case however she shall not
survive me then, I give the same to all of my children surviving me share
and share alike.
Third I give and bequeath
my watch and chain to my wife
Fourth I give and bequeath to my beloved wife the sum of three hundred dollars
yearly and I direct my executors to pay said amount to her in quarterly
payments of Seventy five dollars during her life out of the rents, income,
and profits devised from the water side premises
Fifth After
my decease I direct that the business be continued by my son Henry
J.B. Woods, under the same firm name of John Woods &Son.
as provided for in the 13th clause of the Articles of Copartnership
existing between myself and my said son dated February 28. 1881, for the
purpose of distributing my interest in the said business to my heirs, as
provided for in the 6th clause of this my will I direct that my executors
ascertain as soon as possible after my death the value of my interest in
the firm of John Woods and Son, and that a settlement be had with my heirs,
but that sufficient time, not to exceed five years be granted to my said
son Henry J.B. Woods, or to whomsoever shall carry on and continue said
business, to realize and pay off the several amounts due my heirs as they
exist at the time of my death in equal proportions annually.
Sixth I give, devise and bequeath my interest in the water side premises upon
which the business is now carried on to my children with the exception
of my son, Henry J.B. Woods, to whom I have already given one quarter part
thereof, to be divided between them, share and share alike. The share however
of each of my five sons, Frederick, Alfred, Edwin, Sidney and Chesley to
be held by him and his heirs forever; and the share of each of my two daughters
Emily and Anna to be held by her for and during the term of her natural
life only; and on the death of either of my said two daughters the share
of my daughter so dying is to be divided among and held by my sons living
at the time of my said daughters death share and share alike; and in the
death of my remaining daughter her share is to be divided in like manner;
but no child shall have power to sell or dispose of by will or otherwise,
his share, except to his heirs or one to the other it being my express
will and intention that said water side premises be retained and held in
the family.
Seventh I give devise and bequeath all and singular the rest, residue and remainder & Ship
Yard, the said one fourth of the premises and buildings together with his
interest in the business above mentioned given to him during my lifetime
?????? (The initials, “D.K.” and the word, “mistake,” are
written in the margin) of my estate both real personal and lease hold of
whatsoever name or nature and wheresoever situate, including my interest
in my firm of John Woods & Sons to my children so surviving share and
share alike, the issue of any decease child to take the share the parent
would have taken if living at the time of my death per stripes and not
per capita, with the exception of Florence Woods daughter of my deceased
son William Croscombe Woods to whom I give and bequeath the sum of one
hundred dollars in lieu and bar of any claim, or interest she may or might
have to my estate, provided she is living and unmarried at the time of
my death, and in case of her death or marriage prior to my death, I direct
that the said bequest of one hundred dollars lapse, fall into; and form
part of my personal estate. And also with the further exception of my son
Henry J.B. Woods to whom, I have already given one fourth part interest
absolutely in the water side premises with the buildings thereon erected,
but which one quarter part does not include the water side premises and
property known as the Ship Yard, the said one fourth of the premises and
buildings together with his interest in the business above mentioned given
to him during my lifetime to be in full of his share to my estate, both
real, personal and leasehold, and I so give devise and bequeath.
Eighth The
share however, of each of my five sons, Frederick, Alfred, Edwin,
Sidney Chesley to be held by him and his heirs forever, and the share of my two
daughters Emily and Anna to be held by her for and during the term of her
natural life only; and on the death of either of my said two daughters,
the share of my daughter so dying is to be divided among and held by my
sons living at the time of my said daughters death share and share alike;
and on the death of my remaining daughter her share is to be divided in
like manner; but no child shall have power to sell, or dispose of by will
or otherwise his share, except at his heirs or one to the other, it being
my express will and intention that said water side premises and Ship Yard
be retained and held by the family.
Ninth I appoint
my sons Henry J.B. Woods Sidney Woods and
Edwin B. Woods, Executors
of and under this my will.
Tenth I hereby
revoke all other testamentary dispositions by me at any time made John
Woods - In witness whereof I the said testator John Woods have to
this my last will and testament subscribed my name at the City of St. John’s
this thirteenth day of February in the year of our Lord one thousand eight
hundred and ninety three. Signed Published and declared by the said John
Woods, as and for his last will
and Testament, in the presence of us, who, at his request, and in his presence
and in the presence of each other have subscribed our names as witnesses Joseph
Pippy Alex. F. Shirran Jno D. Martin
Correct,
Charles H. Emerson
Registrar of the Supreme Court of Newfoundland
(Listed in the margin of this will)
Fiat
May 27/17
Kent J.
Probate
May 29/17
granted to
Sidney
Woods
Estate
sworn at
$17,500.00
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