Notre Dame Bay North Region ~ Twillingate District

Pike's Arm

Will of Thomas Dally, Pikes Arm (1905)

First, I give devise and bequeath to my wife Mary Ann Dally any Dwelling House in which I now live with all the furniture therein for her own absolute use and benefit.

Secondly, I give and bequeath to my two sons Thomas Dally and Eli Dally all my fishing room, consisting of stage, flakes, stones, situated in Pikes Arm aforesaid, one garden situated in Ridout’s Cove, one garden in Clarkes Cove near William Stuckeys premises, one meadow in beyond the aforesaid William Stuckey’s premises, and one garden below Cublens premises in Pikes Arm, also my Schooner “Julia” with all her gear and apparel, my Cod Traps, Nets and all other fishing gear and boats that I own for their absolute use and benefit, share and share alike.

Thirdly, I bequeath to my daughter Susanna Blandford the meadow situated in the bottom of Pikes Arm for her own use and benefit.

Fourthly, I further direct and wish that the following legacies and bequests shall be apid out of monies that I have deposited in the Newfoundland Government Savings Bank, in St. John’s Newfoundland viz:

To my daughter Susanna Blandford aforesaid Eighty dollars.
To my daughter, Martha Strong, Widow Eighty dollars.
To my Son Henry Daly One Hundred Twenty Dollars
To my daughter Emily Sealey wife of Frederick Sealey now residing in St. John’s aforesaid Eighty Dollars.
To my son Robert Dally One Hundred and Twenty Dollars.
To my son Thomas Dally One Hundred Dollars.
To my son Eli Dally One Hundred Dollars.
To my daughter Adelaide Taylor wife of Frederick Taylor now Toronto, Canada Eighty Dollars.
To my daughter Rachel Dally now residing in Toronto, Canada aforesaid Eighty Dollars.
To my daughter Mary Ann Cassel wife of Elizah Cassel now residing in Sydney C.B. Eighty Dollars.
To my daughter Elizabeth Dally, One Hundred Twenty Dollars.

Fifthly, I further wish and direct, that any lawful debts, funeral and Testatmentary expenses, the cost of a suitable headstone (to be placed over my grave) and the sum of Forty Dollars to my Executor for his services, shall be paid out of the monies in the Saving Bank aforesaid. And whatever money is left in the fore mentioned savings Bank after paying the above mentioned bequests and legacies I give devise and bequeath to my dear wife Mary Ann Dally aforesaid for her own absolute use and benefit.

I appoint James D. Lockyer of Herring Neck aforesaid to be my sole lawful executor of this my last Will and revoke all previous Wills by me at any time here to made.

In Witness whereof I the said Thomas Dally hereunto set my hand this 13th day of October in the year of Our Lord one thousand nine hundred and five.

Thomas his X mark Dally

Signed by the said Thomas Dally the Testator, by affixing his mark thereunto in our presence, who in this presence and in the presence of each other, the same being read over and explained – at the same time subscribed our names at Witnesses.

Malcom Simms “School Teacher”
Frank S. Lockyer “Clerk”

Letter attached:

To the Honourable the Supreme Court of Newfoundland or one of the Horourable the Judges Thereof.

The petition of the undersigned James D. Lockyer of Herring Neck in the Electoral District of Twillingate Accountant.

HUMBLY SHEWETH

1. That Thomas Dally of Pikes Arm, Herirng Neck in the aforesaid District died on or about the 2nd day of September A.D. 1906.>nr> 2. That previous to his death the deceased made and executed his last Will and Testament which ishereto annexed marked “A” proven upon the oath of Malcom Simms one of the subscribing witnesses thereto.
3. That your Petitioner is the Executor named in the said Will.
4. That at the time of his death the said deceased was possessed of property within the jurisdiction of this Honourable Court of the probable value of $4326.21 which is more particularly set forth in the inventory hereto annexed marked “B”.
5. That no Probate or Letters of Administration have been granted to the Estate of the said deceased.
6. Your Petitioner therefore prays that your Honourable Court to grant to him Letters of Probate to the Estate and effects of the said deceased and as in duty bound he will ever pray &c. &c.

Dated at Herring Neck this 24th day of December A.D. 1906

James D. Lockyer

Note: Probate granted to James D. Lockyer on the 7th day of March A.D. 1907

Transcribed by Bonnie Hieland – November 2000