Will of Malcolm Short from Newfoundland will books volume 15 pages 583 to 585 probate year 1932

IN RE          DECEASED.
Malcolm Short

This is the last will and testament of me Malcolm Short of Hants Harbour, Newfoundland, Merchant.
First I direct that my funeral and testamentary expenses be paid.
Second I give devise and bequeath to my dear wife the dwelling house in which I now live, the same being semi-detached and adjoining my father's house, together with the land belonging or appurtenant thereto and also the household furniture, chattels and effects therein TO HOLD the same to my wife for her life or until she shall marry again, and upon her death or remarriage the said house and land to go to my son Selby for ever subject to the proviso that at all times my children shall have the right to live in said house until they shall respectively marry Edwin however paying board money at the rate of Two hundred dollars per year upon his return from college. Upon the death or remarriage of my wife all the household furniture and effects shall go to all my children then unmarried, share and share alike.
Third As to all my other lands with the buildings thereon I give devise and bequeath the same subject however to the proviso contained in this clause unto my two sons Edwin and Selby share and share alike. To hold the same to them for ever subject however to the proviso that in the event that Edwin's grandfather (Paternal) does not in his lifetime give or by his will devise or bequeath to him the dwelling house in which his grandfather now lives then and in such event my son Edwin in case he shall desire to build a house of his own at Hants Harbour shall be entitled to have absolutely my part of the land known as Reids on the north side of the harbour of Hants Harbour and on the north side of the road or (at his option) my part of one of the gardens leading towards the country the said option to be exercisable by my son Edwin within ten years after my decease. In the event of my son Selby dying under the age of twenty one years his share of the said lands and buildings comprised in this third clause shall go to my wife and my said son Edwin share and share alike, and in that event upon the death or remarriage of my wife the whole of the said lands and buildings shall go to my son Edwin absolutely and for ever.
Fourth I also give and bequeath to my wife all my shares in the Newfoundland Clothing Co. Ltd and all my shares in the Atlantic Insurance Company Absolutely.
Fifth As to the rest residue and remainder of my estate including amongst other things cash in hand and in bank, Stock in trade, schooners, boats, engines, fishing gear, debts due me, and goodwill in the business of S. Short & Son owned and carried on by me, I will direct that in the event that my wife and my son Edwin should decide that it is advisable to wind up the said business, the same together with the residue of my estate shall be realised and converted into money and the net proceeds thereof after making provision for any debts due by me and for all expenses incurred in such realization shall be held by my executrix hereinafter named to pay thereout the following legacies, that is to say.
(a) To the trustees for the time being of the Methodist Church at Hants Harbour the sum of Five hundred dollars to be held by them and their successors in trust to be invested in such securities as they shall from time to time think fit and to pay the annual income thereof or therefrom to the Methodist Minister or Ministers who shall be stationed on the Hants Harbour Circuit for the current year.
(b) The sum of fifty dollars for foreign missions to be paid to such persons, board, committee or trustees having such missions in their care as my Executrix shall decide.
(c) The sum of Twenty dollars to be paid for the benefit of the Methodist Parsonage at Hants Harbour.
(d) If my son Edwin shall be desirous of taking and completing a course at College in order to qualify as a Medical Practitioner or other professional work he shall be paid the sum of Five hundred dollars per year either in one payment or half yearly or quarterly as shall be considered best for his interests for five years and accordingly the sum of Two thousand five hundred dollars shall be invested by my Executrix for that purpose provided that in case of the death of my son Edwin both before the expiration of the period of five years the yearly installments not so required shall be divided in the same manner as the balance of net proceeds is divided.
(e) If it shall be decided to send my son Selby, and my daughters Isabel and Charlotte or any of them to College a sum sufficient to provide three hundred dollars per year in respect of each of my two daughters so attending College for five years shall be laid aside and invested by my Executrix for the same purpose and a sum sufficient to provide Five hundred dollars per year in respect of my son Selby so attending College for five years shall also be laid aside and invested by my Executrix. Provided that in the event of the death of any my said sons and daughters before the expiration of the said respective period of five years the yearly instalments not so required shall be divided in the same manner as the balance of net proceeds is divided.
(f) I give and bequeath the sum of Eight thousand dollars to my wife for her life or until she shall marry again and upon her death or remarriage the said sum or the balance thereof then remaining shall go to my children Edwin Selby Isabel and Charlotte share and share alike.
(g) I give and bequeath to each of my daughters Isabel and Charlotte the sum of Five hundred dollars to be paid to each of them respectively upon her marriage. Further provision for my said daughters being made by my wife.
And I will and direct that the balance of net proceeds remaining in the hands of my Executrix shall go to and be divided as follows one third portion thereof to my son Edwin, one third portion to my son Selby to be paid to him upon his attaining the age of twenty one years, and one third portion to my wife for her life or until she shall marry again and upon her death or remarriage the said legacy or the balance thereof then remaining shall go to my children Edwin, Selby, Isabel and Charlotte share and share alike. In the event of the death of my son Selby before the age of Twenty one years his share shall go to Edwin Isabel and Charlotte share and share alike.
Sixth I will and direct that if my wife and my son Edwin should decide that the business now carried on by me be continues the same shall be converted into a limited liability Company, to be formed and incorporated under the name of S. Short & Son & Company Limited for the purpose of taking over the said business as a going concern including liabilities and such assets as may properly be called business assets such as Stock in Trade, goodwill, book debts, schooners, vessels, fishing gear, engines, boats, (but not lands or buildings) and such cash on hand or in bank as shall remain after making provision for the legacies and amounts mentioned and directed to be paid under paragraphs, (a) (b) (c) (d) (e) (f) and (g) of clause fifth of this my will. And in case it should not be found expedient to make provision for all the legacies and amounts mentioned and directed to be paid under the said paragraphs (a) to (g) before the formation of a limited liability company, (and my Executrix shall decide as to which of them shall be first paid and provided for) I will and direct such of said legacies and amounts so remaining to be provided for shall be a charge upon the assets of my said business (but not in priority to the payment to my wife of the said sum of Eight thousand dollars in case that amount shall not be transferred to such limited liability Company except upon the condition that the said Company shall covenant and undertake to pay the same. I also will and direct that the transfer of the said business assets to the said Company shall be upon the condition that the shares in the capital of the said company when incorporated shall be apportioned and allotted to my wife, my son Edwin and my son Selby in the proportion of one third to each. Provided that the shares which shall be allotted to my wife be held by her until her death or remarriage and upon the happening of either event the same shall go as to one half or moiety thereof to my son Edwin and as to the other half or moiety thereof to my son Selby.
Seventh I will and direct that my wife shall be at liberty to make such investments and to take such securities for monies to be invested as she shall in her judgment think fit, and also that in the event that my wife shall find her annual income from the corpus or capital bequeathed to her insufficient for the maintenance and provision of herself and family in same degree of comfort and position to which she is accustomed she shall also be at liberty to use such portion of the said capital as she shall consider necessary for her use and benefit anything herein contained to the contrary notwithstanding.
I appoint my wife Jeanette M. Short to be the executrix of this my will.
Dated this twentieth day of December A.D. 1922

Malcolm Short

Signed published and declared by the
said Malcolm Short, the testator,
as his last will and testament in
the presence of us who in his presence
and in the presence of each other all
being present at the same time have
hereto subscribed our names as witnesses.
Fredk A. Mews
solicitor St. John's
F. Jamieson
Typist

Correct
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)
Fiat
W.H. Horwood
C.J. March 26/32
Probate granted
Jeanette M. Short
on the 26^th day
of March 1932
Value of Estate
$34,515.84