In re: JOHN WOODS. DECEASED.
Charles H. Emerson
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
Registrar of the Supreme Court of Newfoundland
(Listed in the margin of this will)