Home
Community Profile
Heritage House
Economy
Economy
Fishery

The cod fishery was the back-bone of the economy of Bay de Verde since the first European settlers came here. This fishery was prosecuted in small boats within rowing distance around the Bay de Verde headland as well as the fishing grounds around Baccalieu Island. Fishermen used the traditional hand-line and to a lesser extent nets and seines. Then in the 1860's came the invention of the codtrap.  In 1880 Edward Moore introduced the first codtrap to Bay de Verde. It was set in an area called The Sands in the middle of Backside by Jeremiah Woodrow and John Broaders and became an immediate success. The codtrap was  the main fishing technology right up to the closure of the cod fishery in 1992.

A new type of boat had already been introduced at Bay de Verde since the early 1960's and as a result a new method of fishery emerged. This was the long-liner, a much larger boat of lengths which varied from 38 to 65 feet that could go farther off-shore. These boats fished various species using gill-nets and bottom trawl and catch rates sky-rocketed for many years. In the traditional fishery, fishermen had always waited for the fish to come to shore but now with the larger boats they could go to the off-shore fishing grounds where the fish congregated. As a result the traditional near-shore fishery which waited for the cod to come to shore was practically decimated.

The late 1960's saw the emergence of another fishery in this area. This was the “snow crab” fishery which since the demise of the cod has proven to be the savior of rural communities in Newfoundland. At first crab was strictly a long-liner fishery but since the “cod moratorium” the small inshore boats have also claimed their share and today “the under 35 foot fleet” is fishing for crab near-shore in the bays.

The long-liner fishery today has also expanded to include trawling for shrimp which has also become abundant in the waters around Newfoundland. The crab and shrimp fisheries are today the major fisheries in Bay de Verde as they are in most of Newfoundland.

 

Processing Plant

In 1954, Maurice and Patrick Quinlan of Red Head Cove bought the business of James F. O’Neill of Bay de Verde. They called their business Quinlan Bros. of Bay de Verde. In due course, they built a relatively small ‘fish plant’ on the waterfront at Foreside. Even though fish had been caught and sold in a variety of ways since early settlement, this was the first fresh codfish processing operation in Bay de Verde. By the early 1960’s, the salt cod industry had virtually come to an end and consequently, the ‘fish plant’ became the mainstay of the fishery in Bay de Verde. In time, along with cod, many other species  were processed. After the cod moratorium of 1992 Quinlan Bros. turned their attention to the processing of snow crab and shrimp. With their base of operation in Bay de Verde, they are now one of the largest producers of these products in Newfoundland and Labrador.

 

Harbour Authority

In 1674 Captain John Berry in a report stated “Bay de Verds is a wild fishing cove, open to the sea, very small and dangerous”. This statement very aptly described the harbour at Bay de Verde. Also referred to as Foreside, it was not much of a safe haven for its fishermen. Strong and  devastating southerly and south-west winds often destroyed large and small vesels as well as fishing premises. In 1945, after constant requests by residents, the Newfoundland Commission of Government finally allocated $220,000 for construction of a 500 foot long breakwater to extend north-west from Emberley’s Point. The announcement was made on April 18, 1945 and construction began in mid-June with the breakwater being completed in mid-January of 1946. However, just a week later, a severe storm did immense damage, cutting a large gap in the structure and carrying away much of the heavy stone. Repairs were made in the spring but the  unrelenting seas caused more gaps to appear shortly afterwards. In 1951, the federal Government of Canada provided funding for repair and reconstruction. Later in 1958 it was raised to its present height and substantially widened. In 1965 a 120 foot long by 30 foot wide seaward cribbing as well as a concrete wing-wall was constructed at the end of the breakwater. Later in 1978 large armour stone were placed outside this cribbing. In 1989 another 100 foot extension was put onto this cribbing and filled with rock and concrete. The last cribbing was placed there in 1999, finally making the harbour significantly safer.  

Over the years, many local 'harbour committees' have been set up to modify and develop the waterfront of Bay de Verde. Except for some small projects, local committees were just not suited for the kind of harbour development needed in the new fishery now being conducted. By the early 1990's, the Small Crafts and Harbours division of the Department of Fisheries and Oceans Canada stated categorically that no financing would be allocated to harbours that did not have a Harbour Authority. Consequently, in 1996 a public meeting was called at Bay de Verde and at long last a Harbour Authority was elected. In due course, the Authority hired an employee to do all necessary work on the waterfront. They also acquired land from the Town Council to erect a Harbour Authority Building. At last, after over four hundred years of use Bay de Verde had a viable way to plan and implement improvements to one of its most valuable asset, the waterfront. The first project was the construction of a new wharf built next to the launchway in the north-east part of the harbour to be used exclusively by the smaller boats. The final plan to make Bay de Verde Harbour more secure was a joint project of the newly formed Harbour Authority and the Small Crafts and Harbours division of DFO. In 2001 a new dock along the north side of the harbour was constructed. The following year another breakwater was constructed from the tip of Blundon’s Point extending in a southerly direction to intercept just inside the existing one. This project has allowed for the placement of floating wharves on the north side providing secure tie-up facilities for all of the smaller boats as well as giving adequate room for the manipulation of the larger boats on the south side. At the present time the old wharf, built in the late 1950’s is being removed and a new one constructed in its place. Since the inauguration of the Harbour Authority millions of dollars have been spent on improvements to the waterfront. With the expansion of the fish plant by Quinlan Brothers and the recent construction, the waterfront has taken on a whole new look. Today Bay de Verde Harbour is a far cry from the ‘wild fishing cove’ described by Captain Berry.


The Bay de Verde Harbour Authority

Karl Coish — Chairperson
John Coish — Vice-Chairperson
Tony Doyle — Secretary
Louis Keats — Member

Michael Noonan — Member
Maurice Noonan — Member
Gerard J.Broderick — Member
Wayne Sutton — Harbour Supervisor

 

On January 6th at the Bi-Annual General Meeting of the Bay de Verde Harbour Authority the following people were presented with plaques for years of service as former members of the Harbour Authority:

                    Patrick Broderick---9 years
                    Randy Noonan------7 years
                    Glen Noonan--------6 years
                    Donald Quinlan------5 years



Waterfront Photo Gallery



Items of Interest

A Collection of Wills 

The writing of wills was not a common practice among the common people of Bay de Verde and surrounding communities. Very often property was willed by word of mouth or a simply worded document which described how the property of the deceased was to be divided and how the surviving spouse was to be taken care of.  They were usually read the day after the funeral with all family members present.  Those who were more likely to write wills were of the well-to-do class and they were usually probated.

                                                   *****************************

Will of Henry Barns of Dorset and Bay de Verde 

Note: This will, written in 1750,  is one of the earliest known wills relating to a property owner of Bay de Verde. Henry Barns was one of the earliest English West Country Entrepreneurs to come to Bay de Verde after the Taverners left in the early 1700’s, although perhaps not early enough to claim property in the harbour. It would appear that all of the best waterfront property in the harbour had been claimed by the time he came so he moved in around the point and set up a plantation at Carnail. When you consider the area it was probably just as good as the harbour, for al though a rough area, at least he had lots of space for drying fish, something that was not readily  available in the harbour. He left his plantation to his son who later sold it to Thomas Stone. 

In the name of God Amen I Henry Barns of the Hamlet of Parkson in the Parish of Great Canford in the County of Dorsett, Yeoman being under an indisposition of Body but of sound mind and memory, and calling to mind the uncertainty of Life do therefore make this my last Will and Testament in manner following that is to say:

First and principally I commend my Soul into the hands of Almighty God hoping for pardon of all my sins thro the Merits of Christ's Death, and my Body I commit to the Earth to be Buried in a Christian like and decent manner at the discretion of my Executrix ‑ and as for such Temporal Estate wherewith it hath pleased God to bless me and bestow on me, I give and devise and bequeath the same in manner following. That is to say.

First I will that all my just debts and funeral expenses be paid and discharged. Also I give devise and bequeath unto my dearly beloved wife, Anne Barns all my Lands, Tenements, Goods and Chattels of what kind soever and wheresoever to have and to hold the same and every part thereof unto my said wife for and during the Term of her natural life.

And after her death I give and dispose thereof in manner following that is to say. I give and devise unto my son Thomas Barns his heirs and Assigns forever all that my half acre of Land lying in Cudnel Mead in the County of Dorset, also [ I give and devise unto my said son Thomas Barns my Plantation lying at or near Bay de Verde in the Newfoundland called Carnail to have and to hold the same]. Also I give unto my son Thomas Barns the leasehold Estate or Copyhold which I now enjoy at Parkson to hold and enjoy the same during the remainder of the Term I have therein, and whereas I have sold my Plantation in Newfoundland for the sum of forty pounds, which I intended for my said son Thomas, I do therefor give unto my said son Thomas the sum of forty pounds to be paid him within one month after my death, also I give unto my son Thomas my four Horses (or such four Horses as my said wife shall leave at her death) also my waggon Cart, Dung Pott, Harness and all Ploug Tackling.

Also I give and bequeath unto my son William Barns my Freehold Estate lying at Cudnell Howe in the County of Dorset, and to the Heirs of his Body lawfully to be begotten, forever and in default of such I give and devise the same unto my said son Thomas Barns his Heirs and Assigns forever. Also I give unto my said son William Barns my two leasehold Estate lying at Cudnell Howe aforesaid to hold and enjoy the same during the remainder of the Terms I have therein.

And whereas I have already given my daughters Jane the wife of Hendry Brown, and Anne the wife of Thomas Dunford their fortunes I only give to each of them one shilling.

And I do hereby charge all my estates with payments of the above Sum of Forty pounds given unto my said son Thomas. And all the rest and residue of my Personal Estate that shall remain after my said ___? death I give and bequeath the same unto my said sons Thomas and William to be equally divided between them share and share alike. 

And it is my further will and meaning that if I shall pay my said son Thomas the Forty Pounds in my life time the paid legacy of forty pounds shall be void.

And I do make my said wife sole Executrix of this my will hereby revoking all former wills by me made declaring this only to be my last will and Testament. In witness whereof I have hereunto set my hand and seal the sixteenth day of February in the year of our Lord one thousand seven hundred and fifty.

Signed, sealed, published and declared by the said Testator as and for his Last Will and Testament in the presence of us who signed our names in his presence and at his request the Objuration? and in Urlineations? being first made.

William Croxton February 16, 1750

Jenny? Scott

Rich Corpe (Corfe?), N.P. The Mark of Henry Barns. 

                                             ********************************

Will of Henry Shepperd of Bay de Verde 

Note: Written in 1803, this is one of the earlier wills  for Bay de Verde. The Shepperds probably came to Bay de Verde at the same time as the Stephens which was at least as early as 1766.  The Shepperds appear to own a large waterfront plantation referred to as the Shepperds Room on the extreme north side of the harbour. Henry’s sister Mary was married to Charles Stephens from Wimbourne, County Dorset, England. In his will Henry leaves his part of the Shepperds room to his niece Sara Stephens who is married to Thomas Lynch.  Prior to this, Henry’s brothers have bequeated the other part of the Shepperds Room to Mary and Catherine Stephens who married James Blundon and Daniel McCarthy. 

In the name of God Amen.

I Henry Shepperd of Bay de Verbs Conception Bay Newfoundland being very sick and weak but of perfect mind and memory thanks be to God do make this my last will testament and what worldly goods God has been pleased to endow me with I bequeath in the following manner and form and in case it should please God to grant me further life and health that this shall be my only lawful will and that any other heretofore or hereafter made or that I shall be induced to make shall be void and of no effect this only to remain in force viz. ------------

First I bequeath my soul to God who gave it and my body to the earth to be buried in a decent Christian like manner I bequeath my part of the fishing room and plantation in Bay de Verbs known by the name of Shepperds Room that is to say my one third of said fishing room and plantation to Sarah Lynch My beloved niece and to her heirs and successors for ever to hold jointly and equally with those of the family my two late brothers bequeathed their share unto for her use and for the use of her heirs executors administrators and assigns ----

I bequeath my bed and bedcloths my chest and wearing apparel to my beloved sister Mary Stephens to be used agreeable to her wishes ---------

Further I request if it should please God to call on me out of my present illness to be buried at the sole charge and expense of Thomas Lynch the lawful husband of my niece Sarah Lynch and if it should please God that I should recover that the said Thomas Lynch will support me during the remainder of my days in witness whereof I have affixed my hand and seal in Bay de Verbs Conception Bay Newfoundland this seventh day of June in the year of our Lord 1803.

In the presence of       Henry his X mark Shepperd

Thos Mangan 

George (his x mark) Stickley

John Walsh

R Connell 

I certify this to be a true copy of Henry Shepperds will Chas. Newhook J.P. New Harbor 18th March 1808 

N.B. This done in Bay Deverbs aforesaid where no stamp papers is to be had the day and year above written ------------- This is a correct copy

                                                                ********************************

Will of John Blundon

from Newfoundland will books volume 12 page 444 probate year 1923

In re:      JOHN BLUNDON.          Deceased   

Note : John Blundon  was born 1846, son of John Blundon and Sarah Emberley and a grandson of James Blundon who was one of the early settlers of Bay de Verde. John seemed to be quite an entergetic individual who built up a fairly substantial fishing and commercial enterprise at Bay de Verde. He died in 1922. 

      This is the last Will and Testament of me, John Blundon of Bay de Verde, in the District of Bay de Verde, Newfoundland, Planter, made this 3rd day of May in the year of Our Lord One thousand Nineteen Hundred and Twenty One.      The Houses & Land on which they stand belonging to my three sons Josiah, Moses & James respectively I give & bequeath to them respectively. The property on Blundon’s Point (Fishing Room) and the Liver House. I give & bequeath to my said three sons, share & share alike. I give & bequeath to my son Josiah the Big Stage, built & unbuilt, and the Upper Flake; also after my wife’s death the old Shop and the Store underneath. The Little Stage, Salt Store (partly built partly on hired ground) Old Cross Stage, Middle flake and Fish Store I give and bequeath to my sons Moses and James, share and share alike. My Dwelling House & Shop attached, with Store and Barn, with furniture goods & chattels and all moveables I give and bequeath to my wife Lavinia so long as she lives, and after her death with remainder to my son Moses and his heirs.    Also the Old Shop and the Store underneath I give to my said wife Lavinia so long as she lives, but after her death with remainder to my son Josiah.  

     All monies securities & other property in the house at the time of my death and not otherwise disposed of herein I give to my wife Lavinia absolutely.

     JOHN BLUNDON.

Signed by the said Testator this 3rd day of May 1921 in our presence who at his request, in his presence and in the presence of each other have subscribed our names as witnesses.

Job Jacobs.    John S. Lockyer. Henry Gilbert Incumbent of Bay de Verdes. 

CORRECT, William F. Lloyd Registrar of the Supreme Court of Newfoundland

(Listed in the margin next to this will the following)

Fiat Sept 6/23 Kent J. Adm C.T.A. granted to Lavinia Blundon October 4/23.

Estate sworn at $3670.00

                                                               *************************

 

Will of Thomas Cotter

from Newfoundland will books volume 8 page 478 probate year 1908

In re:      Thomas Cotter    deceased.

Note: Thomas Cotter was born 1838, the son of James Cotter and Alice Keefe and grandson of the first James Cotter who was owned prime waterfront property at Bay de Verde in 1783. In 1805 he sold his  property to William Danson. Thomas married for a second time in 1900  to Mary Murphy of Job’s Cove and had three daughters and a son James. The daughters died young and after Thomas died in 1908 Mary and her young son James moved to Boston where some of  their descendants still live today) 

      In the name of God Amen. I Thomas Cotter of Bay de Verde Newfoundland fisherman being of sound mind and memory and calling to mind the uncertainty of life and certainty of death do make and appoint this my last will and testament in manner following viz. I give and bequeath to my son James Cotter all my property situate at Bay de Verde namely Dwelling house and half the Store now occupied by Edward and myself and one third of the Stage now occupied by Michael Hurly Edward Cotter and myself. And the flake or flakes now occupied by myself also all my fishing material such as nets puncheons &c. A home for my wife Mary Cotter unless she should change her name. Signed after having being carefully read over in the presence of. (sgd) Thomas his x mark Cotter witness Thomas his x mark North Sr.     John Hennebury    Thomas Moore of Andrew. Dated at Bay-de-Verde Newfoundland this 20th day of October in the year of our Lord one thousand nine hundred and six. 

Certified correct, D. M. Browning, Registrar

Oct. 13/08 Johnson J. adm C.t.a. granted to Mary Cotter

Sureties   R.C. Smith  Estate sworn at $550.00

                                                                *************************

                                                            

Will of Richard Coish

from Newfoundland will books volume 15 page 587 probate year 1932

In re:     Richard Coish       Deceased.       

Note: (Richard was born 1864 the son of William Coish and Grace Sutton. He died 1931) 

In the Name of God. Amen.

I, Richard Coish, of Bay de Verde in the District of Bay de Verde Newfoundland, being of sound mind, memory and understanding do make my last will and testament in manner and form following; I appoint the Rev Tobias Short Curate in Charge of the Church of England Mission of Bay de Verde executor to this will.

I will and bequeath to Charles Emberley of James of Bay de Verde, Newfoundland, my house, land and flake and the sum of one hundred dollars ($100.00) after the death of my wife, Maria Coish, on condition that he lives with and takes care of my wife Maria Coish until her death unless she marries and thereby forfeits her claim to my house and land. I will and bequeath to my daughter Margaret Raymond of Catalina Newfoundland all the rest of my money that is left after the death of her mother Maria Coish that is to say what is left remaining after the sum of one hundred dollars ($100.00) that goes to the aforesaid Charles Emberley is taken from the total remaining and the sum of one hundred dollars which will go to Frank Jacobs son of my sister Victoria Jacobs. I will and bequeath to Frank Jacobs son of my sister Victoria Jacobs of Bay de Verde Newfoundland my motor boat and engine and nets and trawls and the sum of one hundred dollars ($100.00) afore mentioned.

In testimony whereof I have hereunto set my hand this twenty fifth day of December in the year of Our Lord nineteen hundred and thirty one.

Richard Coish.

Signed, published and delivered by the above named Richard Coish as and for his last will and testament in the presence of each other have hereunto set our hands as witnesses

Daniel Emberley of Bay de Verde Newfoundland James Emberley of Bay de Verde 

Rev Tobias Short Executrix

Given this twenty fifth day of December nineteen hundred and thirty one.

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

(Listed in the margin next to this will)

Fiat W. J. Higgins Judge April 1/32

Probate granted Tobias Short on the 1st day of April 1932 Value of Estate $2334.00

 

                                                          **************************

 

Will of Timothy Dineen of Lismore and Bay de Verde

from Newfoundland will books volume 1 pages 158 & 159 probate year 1833

In re:     Timothy Dineen       deceased. 

Note: Timothy was born 1772 in Lismore, County Waterford, Ireland. He came to Bay de Verde in 1792 and later purchased a prime piece of  property adjacent to where the Launchway is today, previously owned by Doctor John Clinch of Trinity.  He built up quite a successful fishing enterprise and was a well respected resident. He died 1832 and is buried in the Chapel Rock Cemetery where his headstone can still be seen.

 

In the name of God Amen- I Timothy Dinneen native of Lismore in the County of Waterford Ireland but now of Bay deVerds do make and ordain this my last will and testament, faithfully residing my soul to the Almighty God whenever he is graciously pleased to summons me hence.

First I bequeath to Michael Hurly Junr one half of my seal nets and two of the best of my salmon nets. Second I bequeath to Thomas Hyde and Thomas Dinneen all the nets remaining belonging to me with ropes &c. to be equally divided between them. Third I bequeath to Thomas Hyde my house at the plantation with half the ground cleared. Fourth I bequeath to Thomas Dinneen the other half of my plantation. Fifth. I bequeath to Thomas Hyde all the property remaining belonging to me in this Harbour and do hereby appoint him to recover all debts due to me. Said Hide is to live in this house until such time as Bishop Fleming wish to dispossess him of it, Said Hide is to maintain Johanna Dineen during her life in the house   Should it be Thomas Dinneen's wish to live in the house with Hyde he can do so otherwise he can live in the Cook Room. John Lynch is to have the Cooper's shop during such time as it may answer him to teach school in, rent free. Should Thomas Dinneen want for assistance during his life, a certain person is appointed to relieve him, or should he want the use of the horse to haul wood or manure Thomas Hyde is to let him have him, say a few days, or during such time as he may want him.

And I do hereby denominate, constitute, ordain and appoint John Manning as executor to this my last will & testament.

In witness whereof I have set my hand and seal at Baydeverds as aforesaid this 30th day of May in the year of Our Lord one thousand eight hundred and thirty two. Timothy Dineen (LS) In the presence of Thomas Neil.    John his X mark Mangan.

Certified Correct,

D. M. Browning, Registrar

                                                       ****************************

 

Will of Thomas Hutchings
from Newfoundland will books volume 4 pages 299 to 301 probate year 1884

 In re:      Thomas Hutchings deceased.

Note:  Thomas was born in St. Johns 1796 son of George Hutchings, a St. John’s merchant. He came to Bay de Verde in 1839 as agent for Charles Fox Bennett who had set up business here. He was man of influence and  very devoted to improving the local community. Bennett closed their business here  in 1865 and Thomas moved to Old Perlican where he worked for a while with a local merchant. He later retired to St. John’s where he  died in 1884.

In the name of God Amen. I Thomas Hutchings considering the uncertainty of life do make this my last will and testament and by these presents do give and bequeath the following sums to the persons and trusts herein mentioned, viz.

  • to Maria Rouse widow of the late Oliver Rouse, Missionary at Bay de Verds the sum of one hundred pounds currency now in the Savings Bank in my name,
  • to the Newfoundland School Society the sum of eight pounds,
  • to the school on the South side of Saint John’s in connexion with the Church of England Five pounds,
  • to my brother Monier W. Hutchings the sum of fifty pounds,
  • to George Hutchings my nephew the sum of twenty pounds,
  • to Monier Hutchings my nephew the sum of twenty pounds,
  • to William Rouse the sum of twenty pounds,
  • to Henry LeMessurier the sum of fifteen pounds,
  • the bed which I left with Mrs. O. Rouse I bequeath to her son James, and the bed clothes I now have I likewise bequeath to the said James Rouse
  • my writing desk I bequeath to my nephew George Hutchings,
  • my wearing apparel I bequeath to William Rouse.

I likewise request Henry C. LeMessurier to act as my executor and that he will carry out my wishes in the strictest sense of the word    The residue of my money which may be left after paying my just debts and my funeral expenses and providing a small neat headstone I give and bequeath to Fanny and Margaret Hutchings my nieces in equal proportions for their special benefit.    In witness whereof I have this thirteenth day of March in the year of our Lord one thousand eight hundred and seventy-three set my hand and seal.    Thomas Hutchings (LS). Witnesses, Henry C. LeMessurier,    James R. Knight.

This is a codicil to my will;     I give and bequeath to Maria Rouse, widow of the late Oliver Rouse all my interest in the house and land situate on the east side of Adelaide Street and now occupied by her under lease from me for her own special benefit and use and in case of her death before the expiration of the lease that the same interest which I now bequeath to her shall revert to her children who are unmarried in the same manner and for the same purposes as if she were alive-    in witness whereof I have this thirteenth day of March in the year of our Lord one thousand eight hundred and seventy-three set my hand and seal.    Thomas Hutchings (LS)    Witnesses, Henry C. LeMessurier, James R. Knight.

This is a further codicil to my will as it has pleased the Almighty God to remove by death from amongst us William Rouse to whom I have bequeathed the sum of twenty pounds. I now revoke the said sum of twenty pounds to Maria Rouse for the education of her youngest son John Rouse to be by her spent solely for and in the education of the said John Rouse and in case of her death before the same shall be expended that her heirs administrators or assigns do carry out this my will and testament    In witness whereof I have this twenty eight day of December in the year of our Lord one thousand eight hundred and seventy five set my hand and seal.    Thomas Hutchings (LS)     Witnesses. Henry C. LeMessurier, Jas. R. Knight.

St. John’s, Newfoundland, May 3rd 1877.    (Codicil)    In the foregoing part of my will I bequeath to Monier W. Hutchings the sum of fifty pounds currency- in consequence of his demise, I bequeath to George Hutchings my nephew Thirty pounds cy making altogether fifty pounds currency-  I give and bequeath to my nieces the Proctors twenty pounds currency   (each to share alike).  In consequence of the demise of Wm. Rouse I bequeath to George Hutchings my nephew all my best wearing apparel I bequeath to Nichs Galligue all my old wearing apparel &c.    In witness hereof I set my hand and seal, Thos. Hutchings (LS) Witnesses, Henry C. LeMessurier, Charlotte Rouse.    This codicil was acknowledged by the said Thomas Hutchings in our presence this seventh day of May one thousand eight hundred and seventy-seven, Henry C. LeMessurier, Charlotte Rouse.
Saint John’s Nfld May 7th 1877.    I not having mentioned the name of George Adolphus Hutchings as one of my executors of this my last will and testament and having deemed it prudent that two executors should act, I hereby name and authorize the said George Adolphus Hutchings to act as my joint executor with Henry LeMessurier.    Signed this day as above stated.   Thomas Hutchings.    Witness, W. Hayward.

Saint John’s Nfld 30th May 1879.    All my goods & chattels also goods and effects from my good brother or his wife Mrs. John Hutchings I hereby bequeath to my nephew George Hutchings to be kept by him.     Thos. Hutchings.

Certified correct,
D. M. Browning

                                                              **************************

Will of John Lockyer Senior of Bay de Verde

from Newfoundland will books volume 10 pages 381-382 probate year 1916

In re:      JOHN LOCKYER       deceased.     

Note: John was born 1809, a son of John Lockyer and Catherine Paul and grandson of William Lockyer an early settler who owned property at Bay de Verde in 1774. John built up quite an extensive fishing enterprise at Bay de Verde. The somewhat unusual thing about this will is that it was not probated after his death in 1881 and by the time a probate was sought by his son John  in 1916, both of the executors had died.

      In the year one thousand eight hundred & seventy eight The last will and testament of John Lockyer Sr Planter, Bay de Verde, Newfoundland, written in manner and form following.    In the name of God Amen. I, John Lockyer Sr being at this present, in great weakness of body, but of good memory, do make and ordain my last testament, in form and manner following- I commend in humble manner both my body and soul into the hands of the Blessed Trinity-     My poor sinful soul I commend into the hands of God, the Father, who has created it, into the hands of God the Son, my merciful Redeemer who hath redeemed it, into the hands of God the Holy Ghost, who hath sanctified it and after an unspeakable manner infused His Grace into it in preserving me His unworthy servant from innumerable evils whereunto by the corruption of my nature, I had often fallen. And for my earthly body I bequeath it to Christian burial in the church of England graveyard, in the place where it shall please God to call me out of this mortal life-

     I give devise and bequeath to my grandson John Lockyer, for his own use and benefit, the feather bed belonging to my late son Joseph-     I give devise and bequeath to my eldest son William for his own use and benefit the garden belonging to me which he now holds in possession    I give devise and bequeath to my daughter Theresa for her own use and benefit another garden belonging to me which she now at present occupies

      I give devise and bequeath to my youngest son John, my house, furniture, household effects, gardens (not herein before bequeathed) stage, fishing room, flakes, punts, nets, fishing plant and my estate and effects, both real and personal, whatsoever and wheresoever, and of what nature and quality soever, all for his own use and benefit with this only proviso, viz- That my lawful wife Sarah if she survive me is to be provided with a full & decent maintenance & support by my aforesaid son John his heirs & executors, and that during the term of her natural life, she is to occupy her usually accustomed place in the chimney corner or wheresoever else she may elect and I further desire & entreat my aforesaid son John, his heirs & executors not to submit her to any offence or inconvenience, nor in any manner whatsoever to interfere with her comfort in the house-    And I hereby appoint my esteemed friends and neighbours William Barter and Henry Stephens (both of Bay de Verde the executors of this my last will and testament-    In witness whereof I have hereunto set my hand and seal this nineteenth day of December one thousand eight hundred & seventy seven    John his X mark Lockyer (LS)     Signed and sealed by the said John Lockyer in the presence of us, present at the same time, who in his presence, & in the presence of each other, attest & subscribe our names as witnesses hereto:

George M. Chamberlain Clerk in Holy Orders    William Barter, Henry Stephens,     Charles Blundon, Joseph (X his mark) Lockyer     Witnesses Bay de Verde 19 Dec 1877

(Listed in the margin next to this will the following)

Apr 27/16 C.J. Admn c.t.a. May 5/16 granted to John Lockyer (the execr named in the will having died without having obtained probate)

Estate sworn at $900.00

Sureties:

John Lockyer, Jos F. O’Neil, Andrew Moore(of Thos)

 

                                                        ************************** 

 

Will of Edward Moore of Bay de Verde

from Newfoundland will books volume 3 pages 358-359 probate year 1884

In re:          Edward Moore     deceased.       

Note: Edward (Edmund) Moore  was born 1800 in Kilmacanney, Ireland and came to Bay de Verde prior to 1820 as agent for the Ryans of Trinity. In 1849 he bought the bankrupted premises of  William Danson from James Stewart of Scotland. This was an extensive piece of property extending from Foreside where the government wharf is today all the way to the water in Backside. He and his sons built up a very large fishing and  commercial business at Bay de Verde. Edmund died in 1884 and is buried in the Chapel Rock Cemetery at Bay de Verde.

In the name of God Amen the twenty eighth day of January in the year of our Lord one thousand eight hundred and seventy I Edward Moore of Bay de Verds Planter being weak of body by reason of my old age but of perfect mind and memory and knowing that it is appointed unto all men once to die do therefore make and ordain this my last will and testament that is to say touching such worldly estate wherewith it has pleased God to bless me in this life I give demise and dispose of the same in the following manner and form.

First I give and bequeath to my son James Moore my dwelling house with cellar outhouses and land attached and the garden at the north end of the house and the Liver house with all the apparatus belonging to it. Also I bequeath to my son Andrew Moore the dwelling house now in his possession with the adjoining garden, the garden near James Woodrow's house and that near James Jacobs' house, also I bequeath to my son Thomas Moore the dwelling house now in his possession, the fishing room known as Cotter's Room which is situate south of the principal room, all the land attached to said room with the garden near Sutton's house now in his possession and that piece of land bounded north by James Cotter's house and south by James Woodrows flake. Also I bequeath to my son Edward Moore that piece of land known as Norris garden on which a house of as ample dimensions as Andrews is to be built out of the trade James and Andrew contributing equally with Edward towards its erection. Also I bequeath to James Moore, Andrew Moore and Edward Moore jointly the principal fishing room with flakes and lands attached, that store now used as shop and provision store, and that used as fish store and all other property in the front side not otherwise bequeathed. Also I bequeath to my son James Moore that fishing room in the back side now occupied by John Broders and Richard Woodrow and that property occupied by William North, and all my other land and property whatsoever not in any other way named or bequeathed in this will provided that my beloved wife Ann Moore is to live with James supported by him and enjoying the same privileges in the house during her life which she does at present and receiving the rents from John Broders and Richd Woodrow and I constitute and ordain Revd J. O'Connor and James Moore executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal the day and year above written.

Ed. Moore (LS) Signed sealed published pronounced and declared in presence of us Patrick Fox, Henry Stevens, David Phaelin.

Certified correct,

D. M. Browning

Registrar

 

                                                              ***************************

 

Will of Daniel Murphy of Bay de Verde

from Newfoundland will books volume 4 page 383 probate year 1885

In re      Daniel Murphy deceased.       

Note: Daniel was born 1829 a son of John Murphy and Margaret Howlett of Bay de Verde. John Murphy was a local small merchant and Daniel continued to operate the business until his death in 1882. It was then run by his wife Anastasia and nephew James.  

In the name of God Amen.     This is the last will and testament of me Daniel Murphy Bay de Verds Conception Bay, District of Bay De Verds Merchant I give devise and bequeath all my real and personal estate of every description into my wife Anastia Murphy absolutely.- I appoint my said wife sole executrix of this my will and revoke all previous wills at any time made by me    After the death of my wife Anastasia Murphy I bequeath to my nephew James Murphy of Patrick the above mentioned property in whole and in part But in case my wife Anastasia Murphy should at any time consent to give up her right in the aforesaid property she is entitled by virtue of the right therein invested to receive from my nephew James Murphy a sum of one hundred pounds currency.     I also give to the said James Murphy an equal share in the business or trade with my wife Anastasia Murphy as long as the said James Murphy thinks expedient to continue partnership with the said Anastasia Murphy-

    In witness whereof I hereunto set my hand this seventh day of December in the year of our Lord one thousand eight hundred and eighty-two. Daniel Murphy.    Signed by the said Daniel Murphy the testator in our presence who in his presence and in the presence of each other at the same time subscribe our names as witnesses, Michael Hanly, Priest.    William North, Teacher.

 

Certified correct,

D. M. Browning

Registrar

 

                                                               ****************************

 

Will of Thomas O'Neill of Bay de Verde

In re: THOMAS NEIL deceased.

Note:  Thomas was born 1799 in Shangarry, Mongorra, Ireland and came to Newfoundland in 1824 as agent to Thomas Ridley of Harbour Grace. He later took over the quite extensive fishing plantation of Dominick Flynn. Thomas and his sons built up a very prosperous fishing and commercial business which continued to thrive right  up to the middle of the 20th century. Thomas died in 1883. 

In the name of God Amen. I THOMAS NEIL of Bay de Verds in the Island of Newfoundland, Planter, being weak in body but of perfect mind and memory and knowing it is appointed unto all men once to die do make and declare this to be my last will and testament – Principally and first of all I commend my soul to Almighty God who gave it and my body I commend to the earth to receive at the discretion of my executors decent Christian burial being assured that I shall receive the same again at the last day by the mighty power of God – And as touching such worldly estate wherewith God hath blessed me in this life, I dispose of the same in the following manner and form – First. That for and in consideration of the love and affection I have and do bear toward my beloved wife ELLEN NEIL I give and bequeath unto her the free use of the bedroom she now occupieth and also the use of my parlour as she hath held and enjoyed as heretofore and to have a decent support from off my said estate and plantation for and during the remainder of her natural life. 

Secondly. For and in consideration of love and affection I have and do bear toward my beloved son THOMAS NEIL I give and bequeath unto him the dwelling house and garden he now occupieth, also to enjoy all the privileges, interest and benefits arising from and out of my said estate and plantation in as far as his procuring and providing his livelihood in manner and way as he has contributed to an enjoyed heretofore and to continue so unto his heirs lawfully born for ever. But and if the said THOMAS NEIL or his heirs remove from Bay de Verd to settle and reside elsewhere then the said dwelling house and garden privileges interest and benefits now occupied and enjoyed by him shall become the property of my two sons JOHN NEIL and MICHAEL NEIL and their heirs. 

Thirdly. For and in consideration of the love and affection I have and do bear toward my beloved son DENIS NEIL I give and bequeath unto him the dwelling house he now occupieth with the gardens at the back and front of said dwelling house and one half the garden situated at the western end of said dwelling house and also to enjoy the privileges, interest and benefits and on same conditions as those of my said son THOMAS NEIL as specified aforesaid and the same to continue in succession unto the heirs of the said DENIS NEIL lawfully born for ever. But and if the said DENIS NEIL or his heirs and successors leave the settlement of Bay de Verds to settle and reside elsewhere then the said dwelling house and gardens, privileges interests and benefits arising from and out m estate and plantation shall become the property and enjoyment of my two sons JOHN NEIL and MICHAEL NEIL and their heirs for ever. 

Fourthly. In consideration of the goodwill and regard I have for my daughter JULIA ANN I bequeath unto her a support and maintenance from and out of my said estate and plantation, and also a peaceable residence as she has enjoyed hitherto within my dwelling house as long as she may need the same and to occupy the bedroom she now useth. Fifthly. For and in consideration of the love and affection I have and do bear toward my beloved sons JOHN NEIL and MICHAEL NEIL I give and bequeath unto them my dwelling house and the remainder of all my landed property and plantation together with all buildings and erections thereon And I also give and bequeath unto them all my seines, nets, boats, punts, all fishing craft and moveable effects jointly and equally between them the same to the theirs and their heirs lawfully born forever And, that they the said JOHN NEIL and MICHAEL NEIL do and transact a trading business on my said plantation as I have transacted heretofore, each bearing equal shares both in expenses and profits – But in the event of the inconvenience of JOHN and MICHAEL NEIL dwelling longer in the one house, and it become necessary and determined upon to live separate then a dwelling house must be provided and erected on some part of my said land at the joint and equal expense of the said JOHN NEIL and MICHAEL NEIL as the future residence of the said MICHAEL NEIL. Sixthly. I hereby appoint constitute and pronounce my two beloved sons JOHN NEIL and MICHAEL NEIL as executors to this my last will and testament revoking all former gifts legacies and bequests and declaring this to be my last will and testament.

In witness whereof I have hereunto set my hand and affixed my seal this sixth day of October A.D. one thousand eighth hundred and seventy-seven.

THOMAS NEIL (LS) Signed, sealed, published and declared at Bay de Verds in the presence of, the interlining over ninth line on second page being first written, JOHN NEIL SR., W. CHRISTIAN, J.P. Before signing and sealing this my foregoing will, I add the following codicil viz. That my aforesaid named sons JOHN & MICHAEL NEIL shall out of the income of my estate allow to my beloved wife ELLEN NEIL the sum of five pounds yearly over and above that bequeathed unto her by the first section of my foregoing will during the remainder of her natural life. THOMAS NEIL. Witness, JOHN NEIL SR. W. CHRISTIAN J.P. 

Codicil to the foregoing will. By this codicil to my foregoing will THOMAS NEIL of Bay de Verds, the testator therein named have revoked and disannulled and by these presents do revoke and disannul that portion of the third section of my foregoing will, viz. “one half the garden situated at the western end of said dwelling house” and make it an addition to my other landed property given and bequeathed unto my two beloved sons JOHN NEIL and MICHAEL NEIL, as named in the fifth section of my foregoing will, and in lieu of the said half garden I give and bequeath unto the said DENIS NEIL my garden that is situated to the eastward of the Catholic School House to be his and his heirs lawfully born for ever. In witness whereof I have set my hand and seal this fourth day of November A.D. one thousand eight hundred and seventy eight.

THOMAS NEIL (LS) Signed, sealed and declared in the presence of JOHN NEIL SR.

W. CHRISTIAN, J.P.

Certified Correct,

D.M. BRUNNING

Registrar

 

                                                            *************************

 

Will of John O'Neil of Bay de Verde

from Newfoundland will books vol 11 pages 397 & 398 probate year 1919 

In re John O'Neil       deceased 

Note: John was born 1842 one of seven  sons  of Thomas O'Neill and Eleanor Noonan. He was very active in the setting up and running of the fishing enterprise part of the  business begun by his father.  He died in 1919.

Bay-de Verde Newfoundland August 7th 1919. This is the last will and testament of me John O'Neil of Bay-de Verde annulling all other wills, previously made. 

    * 1. I do wish that my just debts if any also my funeral expenses be paid by my executors.

    * 2. I give and bequeath to the following priests.

    * To the parish priest of Bay de Verde fifty dollars.

    * To the parish priest of Northern bay fifty dollars.

    * To the parish priest of Carbonear fifty dollars.

    * To the parish priest of North River fifty dollars.

    * To His Lordship the Catholic bishop of Hr Grace fifty dollars.

    * To Rev. J. V. Donnelly P.P. of Conception fifty dollars.

    * To Rev. P.D. O'Neil Hr Grace One hundred dollars. All the above amounts to be said in masses for my soul.

    * I give and bequeath to the Catholic Church of Bay de Verde one hundred dollars.

    * To Mount Cashel Orphanage one hundred dollars.

    * To Belvedere Orphanage fifty dollars.

    * To St. Vincent De Pauls Society fifty dollars.

    * To St. Joseph's Orphanage Winnipeg-Manitoba fifty dollars.

    * Also fifty dollars for masses for the repose of the soul of my dear wife Ellen O'Neil to be given to Rev. P. D. O'Neil of Hr Grace for that intention.

    * I give and bequeath to my son M.J. O'Neil the house he now occupies and ground on which it stands also the garden at East of house, the garden in which his shop is built and McCarthys garden on the hill also new stage now occupied by him and ground on which it is built, - half codtraps and fishing gear, One third of fish flakes his to be center portion, also ground on which flakes stand. Half of old fish Store, one third cod liver oil plant, and one thousand dollars in cash. Same to be held by him or his heirs for ever.

    * I give and bequeath to my son Daniel O'Neil my late brother Michaels House and ground on which it stands with garden at front of said house and garden to the West of my son M.J. O'Neil's house, my old stage and land on which it stands, my old shop and store adjoining shop and ground on which they stand. One third of fish flakes the Northern portion and ground on which said flakes stand, one half of fish store, one half of codtraps and fishing gear. One third cod liver oil plant with one thousand dollars cash the same to be held by him or his heirs for ever.

    * I give and bequeath to my son James F. O'Neil my dwelling house and furniture and land on which said house stands, the gardens to the West and back of said house, the garden in which is (his?) shop is built. One third of cod liver oil plant also all new buildings, shop, fishstore and stage which he erected and ground on which said buildings stand and one thousand dollars cash the same to be held by him or his heirs for ever.

    * I give and bequeath to my three sons, Michael, Daniel and James, the store known as lower store, Launchway on West of James's stage also cellar near Daniel's shop to be owned jointly between the three of them. The stable and land on which it stands to be owned by my sons Daniel & James. If my son Daniel remains single my son J. F. O'Neil will let him live with him and if he Daniel gets married and wants to live in his Uncles house James is to help him repair it and stand half the expense.

    * I give and bequeath to my daughter Ellen Kennedy eight hundred dollars and if there should be any money left over after all the above amounts are paid my daughter Ellen Kennedy is to get the same.

* I do hereby nominate and appoint my two sons Daniel and James as the executors to my last will and testament.

In witness whereof I hereunto set my hand this seventh day of August in the year of our Lord nineteen hundred and nineteen. Signed John O'Neil. Signed and delivered by the said John O'Neil as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names hereunto as witnesses thereof. Signed Edward Crocker Const. Michael Rays.

Correct William F. Lloyd

Registrar of the Supreme Court of Newfoundland.

(Listed in the margin next to this will the following)

Fiat Dec 10/19

Horwood CJ.

Probate granted to Daniel O'Neil and James T.O'Neil Dec 11/19. Estate sworn at 4,966.07

 

                                                            *************************

 

Will of Henry Stephens of Bay de Verde

from Newfoundland will books volume 4 pages 291-292 probate year 1884

In re:      Henry Stephens    deceased. 

Note: Henry was born 1825, one of  four sons of Charles Stephens and Elizabeth Lockyer. He was a  grandson of Charles Stephens of Wimbourne, County Dorset, England, the first Stephens to arrive in Bay de Verde. Henry  died 1882. 

This is the last will and testament of Henry Stephens, planter, of Bay de Verds, Newfoundland.    I hereby give, devise and bequeath to my wife Susan during her lifetime or widowhood, my dwelling house & all the furniture thereof, and the complete possession of all my other property of whatsoever quality including land, stages, nets, punts & fishing gear & wheresoever situated until my son William Henry attains the age of twenty one years complete when the latter with the exception of the small stage, flake & part of Northern Mead is to revert to my aforesaid son William Henry, his heirs, executors and administrators for his and their own use and benefit, absolutely and forever.    I hereby devise and bequeath to my daughter Ann, her heirs, executors and administrators for her and their own use and benefit, so long as she & they remain members of the Church of England The small stage and flake now in the occupation of William Froude and half of my land in Northern Mead-    In the event of my aforesaid daughter Anne or heirs changing their religion the above mentioned property is to revert to my son William Henry his heirs & administrators for his and their own use absolutely and for ever.    I hereby devise and bequeath my feather bed to my wife Susan for her sole use & benefit. 

I hereby appoint my friends the Revd. G.S. Chamberlain and Charles Blunden executors of this my will.    In witness whereof I have hereunto set my hand this eighteenth day of February in the year of our Lord one thousand eight hundred and eighty-two.    Henry Stephens.

Signed by the said Henry Stephens in the presence of us, present at the same time who in his presence and in the presence of each other attest & subscribe our names as witnesses hereto, G.S. Chamberlain, Clerk in Holy Orders, Charles Blunden, Bay de Verds, William Jacobs. February 1882.

 

                                                         *******************************

 

Will of Edward Walsh of Bay de Verde

In the Estate of Edward Walsh       deceased. 

Note: We have no birth date for Edward, but he  was probably born around 1760-70. We know that he was a property owner at Bay de Verde at least as early as 1797. His property bordered  south of Dominick Flynn’s which situates it at what we generally refer to as Walshes Hill. He was a fairly well to do man as can be seen from his will. It seems that he moved to St. John’s, for he is listed as a resident when he died there  about 1830. His descendants still live in Bay de Verde today.

In the name of God Amen. I Edward Walsh being very weak and sick in body but in perfect mind and memory thanks be to God calling to mind the mortality of my body and knowing that it is appointed for all men once to die, make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul into the hands of the Almighty God that gave it to me, and my body to the earth to be buried in a Christian like burial by the Revd Edmond Doyle & Mr. Patrick Brazil whom I do appoint and nominate to be my executors, touching such worldly estate wherewith it has pleased Almighty God to bless me in this life, I give demise of the same in the following manner & form after paying all my lawful debts

First I give & bequeath unto my lawfull & wedded wife Catherine Walsh the sum of Twenty pounds now in my Possession and Eighty four pounds nine shillings and eleven pence half of my property remaining in the possession of Mr. Thomas Beck of St. Johns in the Island of Newfoundland together with all my furniture,

I bequeath to my son Edmond Walsh of Bede a Verb (Bay de Verde) the sum of Twenty pounds remaing in my Possession and the sum of Eighty four pounds nine shillings & eleven pence the other half of my property remaining on the hands of the aforesaid Mr. Thomas Beck.

Edward his x mark Walsh.

Signed under my hand and seal in the presence of two witnesses, viz. the Revd Edmond Doyle and Mr. Patrick Brazil, on the 31st of March 1830. Edmond Doyle   Patrick Brazil.

 

                                                           ************************* 

 

Will of Jeremiah Woodrow of Bay de Verde

Sept 7, 1905          

Note: Jeremiah was born 1841, a son of Richard Woodrow and Catherine Quinlan and grandson of John Woodrow who came to Bay de Verde at least as early as 1815. James, a brother of Jeremiah moved to Northern Bay and began the large Woodrow family of that place.Jeremiah died 1905) 

I the deceased Jeremiah Woodrow Senior do solemly bequeath all my belongings in the following form and to the following persons as follows: the fourth quarter of the large fishing stage to share alike between John, James and Andrew Woodrow, the cross-stage to be divided the same as the first between John, James and Andrew Woodrow, the large garden on the hill divided in the same manner. The mother is to be supported with seven dollars from each son yearly until they separate and then whomsoever the mother lives with after the separation the remaining two sons have to contribute their part until her death and whoever the mother lives with they must provide one room for herself. Two traps, boats, flakes and the whole lot of my fishing property including all that we possessed is to be divided the same between J, J & A Woodrow. It is my wish that my daughters is never to be left without a shelter if they should require the same each one to have their own house and the garden they are standing in the old house and garden I am leaving to John R woodrow. It is my wish for them to work together and for John to be the master man.

Signed by Jeremiah Woodrow, John Noonan of Dennis, John Broaders, Thomas Noonan

 

                                                       *******************************

Will of Richard Hatch Senior of Red Head Cove

from Newfoundland will books volume 4 pages 3-4 probate year 1878

In re: Richard Hatch deceased.

Note: Richard was born 1788 in Christchurch in the County of Hants, England, the youngest son of Thomas Hatch and Anne Reeves. It appears that he came to this area in the early part of the 1800’s. He  married Sarah Brien and they settled on the north side of the brook in Red Head Cove. At about the same time Patrick Rice claimed the land on the south side of the brook. As can be seen from his will, he had established quite a large fishing plantation.

In the name of God Amen. I Richard Hatch of Red Head Cove in the Island of Newfoundland Planter being aged and weak in body but in perfect mind and memory knowing that it is appointed unto all men once to die, do make and declare this to be my last will and testament-   First of all I give and commend my soul into the hand of Almighty God who gave it and my body I commend to the earth to receive at the discretion of my executors decent Christian burial being assured that I shall receive the same again at the last day by the mighty power of God And as touching such worldly estate that it hath pleased Almighty God to bless me in this life I give and bequeath the same in the following manner and form.

First That for and in consideration of love and affection I have and do bear towards my beloved wife Sarah Hatch I give and bequeath unto her my dwelling house lands that I have in my possession and also all the cattle that may be belonging to me at my decease and to be hers during the term of her natural life-    She is to live with my son Dennis Hatch and he is to have the care and guardianship of her until the end of her life

Secondly. That in and for the affection I have for my beloved son John Hatch I give and bequeath unto him the dwelling house and that portion of land and fishing room he now occupieth to be his and his heirs and successors in the male line lawfully born forever

Thirdly- That for the love I have for my beloved son Richard Hatch I give and bequeath unto him the dwelling house and that portion of fishing stage viz one third on the side westward together with the portion of flake room he now occupieth to be his and his heirs and successors in the male line lawfully born for ever

Fourthly- That for the Love I do bear toward my beloved son William Hatch I give and bequeath unto him the dwelling house he now occupieth and that portion of the land and fishing room now in his possession to be his and his heirs and successors in the male line lawfully born forever