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The Golden Falcon |
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Chapter XX/3 - Noon |
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1.
Walter Henry Trinnell Winter
was entitled to: (a)
nine undivided one thousand two hundred and eightieth share of the said
Pillagoda Estate to which he became entitled as one of the heirs of his
father George Walter Winter. (b)
to nine undivided twenty thousand four hundred and eightieth share of the
said estate to which he became entitled as heir of Sarah
Anne Deslandes. (c)
to nine undivided two hundred and eighty six thousand seven hundred and
twentieth share to which he became entitled as one of the heirs of Henry
Frank Winter. (d)
to seven thousand five hundred and thirteen undivided two hundred and
forty five thousand seven hundred and sixtieth share under Deed No. 724
dated 22.7.1907 amounting in aggregate to sixty five thousand four hundred
and ninety seven undivided one million seven hundred and twenty thousand
three hundred and twentieth share of Pillagoda estate. 2.
Each of them, Harriett Ethel Rochford Shortland and Alice Beatrice Deslandes Winter being entitled to (a)
nine undivided one thousand two hundred and eightieth share of Pillagoda
estate as heirs of their father George
Walter Winter. (b)
to nine undivided twenty thousand four hundred and eightieth share as
heirs of Sarah
Ann Deslandes. (c)
to nine undivided two hundred and eighty six thousand seven hundred and
twenty shares to which they became entitled as heirs of Henry
Frank Winter. (d)
to seven thousand five hundred and sixtieth share to which they became
entitled under Deed No. 724 dated 22.7.1907. (e)
to sixty five thousand four hundred and ninety seven undivided three
million four hundred and forty thousand six hundred and fortieth share
under Deed No. 7709 dated 30.9.1907 amounting in aggregate to sixty five
thousand four hundred and ninety seven undivided one million one hundred
and forty six thousand eight hundred and eightieth share of Pillagoda
estate. 3.
Annie Hopfengartner was
entitled to: (a)
nine undivided one hundred and sixtieth share under Deed No. 589 dated
22.9.1906 and No. 970 dated 15.7.1908 attested by W. A. S. de Vos of
Colombo, Notary Public. (b)
to nine undivided hundred and fortieth share as heir of her mother Amelia
Hopfengartner. (c)
to nine undivided ten thousand two hundred and fortieth share as one of
the heirs of Sarah
Ann Deslandes. (d)
to nine undivided one hundred and sixtieth share as one of the heirs of Henry
Frank Winter amounting in aggregate to two thousand and seventy share
of Pillagoda Estate. 4.
Caroline Harriett Bowman and Lydia
Margaret Bowman were entitled to: (a)
nine undivided six hundred and fortieth share under the Will of their
mother
Lydia Septima Bowman. (b)
to nine undivided twenty thousand four hundred and sixtieth share as heirs
of Sarah
Anne Deslandes. (c)
to nine undivided two hundred and eighty six thousand seven hundred and
twentieth share as heirs of Henry
Frank Winter, amounting in aggregate to four thousand one hundred and
sixty seven and twentieth share of Pillagoda Valley estate. 5.
Edward Deslandes Bowman was
entitled to: (a)
nine undivided six hundred and fortieth share under the Will of his mother
Lydia
Septima Bowman. (b)
to nine undivided twenty thousand four hundred and eightieth share as heir
to Sarah
Ann Deslandes. (c)
to nine undivided share as heir of Henry
Frank Winter. (d)
to nine undivided one hundred and sixtieth share by Deed No. 557 dated
27.1.1905 attested by D. G. Gunawardne of Galle, Notary Public. (e)
to one sixth of one thousand one hundred and fifty seven undivided ten
thousand and forty eight share under the Will of Sarah
Winter his grandmother amounting in aggregate to twenty eight thousand
three hundred and seventy five undivided one hundred and seventy two
thousand and thirty second five undivided one hundred and seventy two
thousand and thirty second share of Pillagoda. 6.
Evelyn Gertrude Bowman, Charles Henry Winter, Sarah Cresse Chesshyre,
William Sextus Daly Winter and Edmund
Winter each entitled to: (a)
nine undivided thirty three thousand and eight hundred and fortieth share
as heirs of Sarah Ann Deslandes. (b)
to nine undivided five thousand and one thousand seven hundred and
sixtieth share as heirs of Henry Frank Winter amounting in aggregate to twenty seven undivided
one hundred thousand three hundred and fifty second share of Pillagoda
Estate. 7.
Robert Charles Elphinestone
Underwood, William Elphinestone Underwood, Arthur Cresse Underwood and
Sarah Jessie Eyre each entitled
to: (a)
thirteen thousand two hundred and forty nine undivided two hundred and
fifteen thousand and forty share under Deed. 8.
Percy Gibson Deslandes Winter,
Charles Bertram Winter and Hilda Beatrice Winter, each entitled to: (a)
nine undivided fifteen thousand three hundred and sixtieth share as heirs
of Sarah
Ann Deslandes. (b)
to nine undivided two hundred and fifteen thousand and fortieth share as
heirs of Henry Frank Winter amounting in aggregate to nine undivided fourteen
thousand three hundred and thirty sixth share of Pillagoda Estate. 9.
Alfred William Winter entitled
to: (a)
nine undivided thirty five thousand eight hundred and fortieth share as
heir of Sarah
Ann Deslandes. (b)
to nine undivided five hundred and one thousand seven hundred and sixtieth
share as heir of Henry Frank Winter. (c)
to nine undivided one hundred and sixtieth share and one sixth of one
thousand one hundred and five seven undivided two thousand and forty
eighth share under the Will of his aunt Susannah
Caroline Bushby amounting in aggregate to three hundred and seventy
one thousand three hundred and seventy seven undivided one million five
hundred and five thousand two hundred and eightieth share of Pillagoda
Estate. 370377/1505280. All
the shares of Walter Henry Trinnell Winter, Alice Beatrice Deslandes Winter, Harriett
Ethel Rochford Shortland, Annie Hopfengartner, Caroline Harriett Bowman,
Edward Deslandes Bowman, Charles Henry Winter, Lydia Margaret Bowman,
Evelyn Gertrude Bowman, Sarah Cresse Chesshyre, William Sextus Daly
Winter, Edmund Winter, Robert Charles Elphinestone Underwood, William
Elphinestone Underwood, Arthur Cresse Underwood, Sarah Jessie Eyre, Percy
Gibson Deslandes Winter, Charles Bertram Lee Winter and Hilda
Beatrice Winter amounted in aggregate to eight hundred and three
thousand four hundred and ninety one undivided one million two hundred and
four thousand two hundred and twenty four share in Pillagoda estate.
8093491.12044224, All
the shares of Walter Henry Trinnell Winter and others named above were sold to Alfred
William Winter for twelve thousand eight hundred and sixty rupees and
eighty cents in Pillagoda estate comprising Malapalawatta, Pillagodakande,
Pillagodawewa and Thimbillakande situated in Pillagoda in the Gangaboda
Pattu of Galle District, Southern Province of Ceylon.
(Rs. 2, 860.80). The
estate known and called Pillagoda comprised those four contiguous lands
called Malapalawatta and Pillagodakande depicted in Plan No 80 containing
in extent two hundred acres and thirty one eighty seven one hundredth
perches more or less, Pillagodawewa depicted in Title Plan No. 45307
containing in extent forty two acres and two eighty three one hundred
perches more or less, Thimbillakande depicted in Plan No. 73 containing in
extent seventy eight acres three roods and twenty-nine two one hundredth
perches more or less which four lands are bounded on the north by
Thimbille Adderodday, Angurutota Walusawa Bakmeegasketiya, Attey Cumburu,
Damane Cumbure, Polattegederawatta Gangabawatte, Gandada Kumburu
Kandewatte, Polattegederawatta, Gangabawatte, Gandada Kumburu kandewatte,
Batadombagasdesa, Loonoowagura, Owitagedarawatte, Medegederawatte,
Galanewatte, Beliketiyewatta and old foot path, on the east by
Gahalakoladenbiya Dolalookande Dolla foot path to Lelwela Nidandola and
Gammeddegodawatte on the south by Barawa Janchige Weilla Wakakapitiya
Kande, on the west by the other portion of Thimbillakandwatte, Kumburu
Casy Lebbege Waturawa, Kumburu Kodituwakku Ararchige Waturawa alias
Galapanawala Waloorawa Welakoludwa and Keekulegewaturawa. I,
William Arnold Speldewinde de Vos of Colombo in the Island of Ceylon,
Notary Public, do hereby certify and attest that the foregoing instrument
having been duly read over and explained by me, the said Notary to the
within-named Evelyn Gertrude
Bowman, Caroline Winter and Edmund Winter and Caroline Harriett Bowman,
William Sextus Winter and Edmund
Winter and having been read over by the within-named Edward Deslandes Bowman in the presence of the subscribing witnesses
James Arthur Schokman of Temple Road, Colombo and Evelyn Claude de Kretser
of Campbell Place, Colombo, all of whom are known to me. the same was
signed by the said Evelyn Gertrude
Bowman, (as Gertrude Bowman), Caroline Harriett Bowman, William Sextus
Daly Winter, Edmund Winter and by the said Edward
Bowman as his own act and deed and as the act and deed and in the
names of the within-named (1) Walter
Henry Trinnell Winter, Alice Beatrice Deslandes Winter, Harriett Ethel
Rochford Shortland, Talbot Shortland, Lydia Margaret Bowman, Charles Henry
Winter, Arthur Cresse Underwood, Sarah Jessie Eyre, Paul Daniel Eyre, Percy
Gibson Deslandes Winter, Charles Bertram Winter and Hilda Beatrice Winter
being authorised thereto by a Power of Attorney dated 19th and 29th
October 21907 and 1st, 5th, 8th, 19th 21st and 26th October 1909. (2)
Sarah Cresse Chesshyre and Charles Newton Chesshyre being authorised
thereto by a Power of Attorney dated 23.10.1906 (3) William
Elphinstone Underwood being authorised thereto by a Power of Attorney
dated 30.9.1906 and (4) Robert
Charles Elphinestone Underwood being authorised thereto by a Power of
Attorney dated 30.11.1909 and also by the said witnesses in my presence
and in the presence of one another, all being present at the same time on
the twenty-ninth day of September One Thousand Nine Hundred and Eleven in
Colombo (29th September 1911). I
further certify and attest that the foregoing document was read over and
explained and read over as aforesaid and that Rs. 11,487.88 cts in part
consideration was paid in my presence by cheque No. F. 104.5058 dated
29.9.9111 drawn by Mr A. W. Winter on the Madras Bank in favour of E. D. Bowman and that the original of this instrument bears the
stamp of the value of Rs.1 and the duplicate three stamps of the value of
Rs, 65 and that the said stamps were supplied by Messrs de Vos and
Gratiaaen. Date of the
Attestation 30.98.1911 which I attest. Sgd.
W.A.S. de Vos, Notary Public. I,
William Arnold Speldewinde de Vos of Colombo, Notary Public, do hereby
certify and attest that the foregoing instrument having been read over and
explained by me, the said Notary, to the within-named Annie
Hopfengartner (who is not known to me) the same was signed by the said
Annie Hopfengartner and also by the said witnesses in my presence
and in the presence of one another, all being present at the same time on
the twenty seventh day of October One Thousand Nine Hundred and Eleven
(1911) at Colombo. I further
attest that no consideration wasa paid in my presence.
Date of attestation 27.1.1911 which I attest. Sgd. W. A. S. de
Vos, Notary Public. The
Power of Attorney given to Edward
Deslandes Bowman at Wolverhampton by the following was signed on the
dates and places mentioned. 29th
of October 1907 in the presence of H. N. Hunt, tutor, Wolverhampton,
Juo.Ashworth, merchant, Wolverhampton. 1.
Walter Henry Trinnell Winter, Alice
Beatrice Deslandes Winter at Wolverhampton 29.10.19097 in the presence
of H. N. Hunt, tutor Wolverhampton, Juo. Ashworth, merchant, Wolverhampton. 2.
Harriett Ethel Rochford Shortland and Talbot Shortland at Newport,
Isle of Wight on the 19.11.1907 in the presence of R. L. Chute and H. J.
Seymour, both clerks of the Capita County Bank Ltd., Newport, Isle of
Wight. 3.
Lydia Margaret Bowman at London
on 5.11.;1907 in the presence of J. L. C. Plowright, 10, Fenshaw Mansions,
Chelsea London S. W. and Celia Moyes, 464, High Road, Chiswick, London W. 4.
Charles Henry Winter at Ware on
21.11.1907 in the presence of Alfred Catis, Christ Church Vicarage and
George G. Lightfoot, organist, High Street, Ware. 5.
Arthur Cresse Underwood of
Birmingham on 1.10.1907 in the presence of E. A. Bailey Cox, solicitor,
Birmingham and Mary May Jane Bilson, 10, College Road, (housekeeper),
Saltley, Birmingham. 6.
Paul Daniel Eyre and Sarah Jessie
Eyre at Scarborough, Yorkshire on 26.11.1907 in the presence of
Charles Edeson, architect and surveyor, 25, Hunters
Road Scarborough, Henry R. F. Canham, clerk in Holy Orders, 59,
Highfield, Scarborough. 7.
Percy Gibson Deslandes Winter at
Southsea on 8.11.1907 in the presence of Sidney Wharton Allen, Woodleigh,
The Ticket, Southsea, M. A. C. Horsey, Ursula Grove, Southsea. 8.
Charles Bertram Lee Winter at
London on 5.11.1907 in the presence of Alice Mary Morgan, 47, Margardine
Gardens, London W, Alice H. J. Reilly, 9, Gwendwr Road, London W. 9.
Hilda Beatrice Winter at
Cheltenham on 30.11.1907 in the presence of Margaret C. Currie, Mary Anne
Chubb (maid), Cheltenham. The
Power of Attorney given to Alfred
William Winter and Edward
Deslandes Bowman by the following were signed on the dates and places
stated. Signed,
sealed and delivered by the said Charles
Henry Winter at Ware, Hertfordshire, England, Clerk in Holy Orders on
the 6.2.1907 in the presence of J. Chalmers Hunt, Ware, Herts solicitor
and commissioner of oaths and W. L. French, clerk to Messrs Chalmers Hunt
& Davies, solicitors, Ware, Herts. Signed,
sealed and delivered by the said Sarah
Cresse Winter at Fruitland Park, Florida, USA on 23.10.1906 in the
presence of E. Cassady and I. M. Lecs. The
Power of Attorney given to Edward
Deslandes Bowman by William
Elphinestone Underwood of Bloemfontein in the Orange River Colony,
South Africa was signed on 30.9.1907 in the presence of --- Ham, Clerk,
Deed Office, Bloemfontein, O.R.C. and E. F. Deestwill, Clerk, Deed Office
before Henry B. Austin, J.P. O. R. C.,
To all whom it may concern, I, Herbert Francis Blaine,
Attorney-General for the Orange River Colony at Bloemfontein, do hereby
certify that Henry Boase Austin is the person who signed ----- is
affixed to the annexed document marked "A" is a Justice
of the Peace in the Orange River Colony and that to all acts instruments,
documents and writings subscribed by him in that capacity full faith and
credence are given. In faith
and testimony thereof I have hereunto set my hand and the seal of the
government of the Orange River Colony dated at Bloemfontein O. R. C. this
30th day of September 1907 Sgd. H. F. Blaine, Attorney-General. The
Power of Attorney given to Edward
Deslandes Bowman of Baddegama Estate, Baddegama by Robert
Charles Elphinestone Underwood of Pegu, Lower Burma was signed on the
13.11.1909 in the presence of Manny Gale, E. A. C. Magistrate. Susannah
Caroline Roosmale Cocq
the wife of Robert Charles Roosmale Cocq of Tuticorin inherited from her
father George Winter under his
Will one twentieth part of the residue of the property and estate and
contracted with her brother Edward
James Winter of Baddegama, Esquire for the sale to him of the said one
twentieth share for the sum of three hundred pounds sterling (£300) on
15.5.1861, the instrument was signed in Galle and witnessed by H.
H. Bowman and G. W. Winter
and attested by Hilary Donald Jansz of Galle, Notary Public. Whereas
Edward James Winter died intestate Letters of Administration were
given in the District Court of Galle in Testamentary Jurisdiction No. 1859
to his mother Sarah Winter on
18.11.1862l. The Accounts of
the estate were presented to Court on 20.1.1863. Henry
Frank Winter
who inherited one twentieth share from his father George
Winter under his Will, contracted with Robert Charles Rosmale Cocq of
75, Inverness Terrace, London for the sale to him of the one twentieth
share as well as the share to which he was entitled from the estate of his
brother Edward James Winter who
died intestate on 12.6.1862, for the sum of three hundred pounds (£00) on
the 9.12.1864, the instrument was signed in Galle and witnessed by H. H. Bowman and A. O. Winter
and attested by Hilary Donald Jansz of Galle, Notary Public. Edward
Deslandes Bowman
by Deed No. 598 registered Galle No. E.57/261-286 sold to Annie Hopfengartner of Chundikkuli in Jaffna for a sum of Rs.6,000
(six thousand) all that undivided eighteenth share of Baddegama Estate as
adminstrator of the Will of Robert Charles Roosmale Cocq formerly of
Tuticorin, South India and late of "Glan-y-Mor",
Torquay, Devon England and empowered to do so in Testamentary Jurisdiction
No. 535c dated 30.8.1906 who was given Letters of Administration in
Testamentary Jurisdiction No. 2535 on 9.8.1906. Robert
Charles Rosmale Cocq in Tuticorin, Southern India left his share in the
Cotton Screws at Tuticorin to his daughter Beatrice
Trigevant and the rest of his property to his wife Susannah
Caroline for life which on her death passed to his daughter and in the
event of her death without issue, the same to be divided between his
nephews and niece who may be living, the children of his brother Charles
Henry (Rosmale Cocq) and sisters Eliza Anne and Jane.
Edward James Winter and James
Hodsell Bowman were appointed trustees while his widow was appointed
executrix. He also left three hundred pounds in trust until she marries
or reaches her majority to Wilhelmina, daughter of Charles as well as
fifty pounds each to Edward James
Winter and James Hodsell Bowman
in a Will executed in Galle and signed on 17.5.1861 in the presence of
Richard Phillips and H.
H. Bowman. By
a codicil he revoked the appointment of James
Hodsell Bowman as a trustee and appointed his wife and General
Clements of 4, St. Stephen's, Crescent, Westbourne Park, having sold his
property known as the Screws and the proceeds invested in trust for his
daughter and which was to be made up to ten thousand pounds from money
from his property in India through his brother Charles Henry and to his
god-children Wilhelmina Rosmale Cocq, David Crabbe, Caroline
Hariett Bowman, Charles (Karl)
Hopfengartner, Alfred Rosmale Cocq Winter and Robert Charles
Elphinestone Underwood, fifty pounds each and if the whole of his Indian
property is recovered, an additional fifty pounds. Dated 22.12.1866 and
signed in the presence of Henry Blackmore and Charles Kitson, solicitors,
Torquay. Edward
Deslandes Bowman
on application made in the Supreme Court of Ceylon it was ordered that the
District Court of Colombo be directed and appointed to have and exercise
sole and exclusive Testamentary Jurisdiction in respect of the property
and effects of Robert Charles Rosmale Cocq formerly of Tuticorin in South
India and late of "Glan-y-Mor",
Torquay in the County of Devon. Witnesses
the Hon. Sir Charles Peter Layard, knight Chief Justice at Colombo, the
Twelfth Day of February in the Year of our Lord, One Thousand Nine Hundred
and Six (1906) of our reign the sixth. By
Deed No. 598 Edward Deslandes Bowman administrator of the Will of Robert Charles
Rosmale Cocq transferred to Annie
Hopfengartner as a result of purchase, one undivided eighteenth share
in Baddegama Estate whereas the share she agreed to purchase was the full
share to which Robert Charles Rosmale Cocq was entitled, namely one
undivided one hundred and sixtieth share and through a mistake, the share
was originally wrongly stated in the Testamentary Action No. 2535 of the
District Court, Colombo as one undivided eighteenth share whereas Annie Hopfengartner called upon Edward Deslandes Bowman to rectify the error and to convey to her
the remaining one undivided one thousand four hundred and fortieth share.
The District Court of Colombo by its order dated 31.10.1907 made in
the Testamentary Case 2535, empowered the administrator to rectify the
error and alter the share conveyed in Deed No. 598 of 22.9.1906 for the
purpose of vesting Annie
Hopfengartner, the entire share of the nine undivided one hundred and
sixtieth share in Baddegama Estate. By
Deed No. 970 dated 15.7.1908 Edward
Deslandes Bowman transferred. the balance one undivided eighteenth
share conveyed by Deed No. 598 dated 22.9.1906 to make up the said nine
undivided one hundred and sixtieth share originally held by Robert Charles
Rosmale Cocq. By
Deed No. 557 registered in Galle E.57/261-286 dated 9.3.1905 Thomas Allen
Saxby of No. 6, Aynhoe Road, Kensington in the County of Middlesex,
England and John Billingsby Richardson of the Tower, Torquay, Devon,
England as trustees of the indenture signed by Charles
Deslandes Church Winter and his wife Alice Jane Lee who subsequently
married George Maxwell Reilly on her request sold to Edward
Deslandes Bowman the share inherited by Charles
Deslandes Church Winter, namely one undivided one hundred and sixtieth
share from his brother Edward James
Winter for the sum of two thousand rupees.
The indenture entered into on 26.7.1873 between Charles Deslandes Church Winter of Baddegama, Point de Galle, in the
Island of Ceylon, Esquire of the first part and Alice Jane Lee of Torquay
in the County of Devon, Spinster of the second part and Reverend George
William Burrow-Wills of 37, Warwick Gardens, Kensington in the County of
Middlesex, Clerk in Holy Orders and Haverstock
Hodsell Bowman of the third part by the transfer of thirty six fully
paid ten pound shares in the Torquay Extramural Cemetery Company at an
estimated value of three hundred and seventy eight pounds, being part of
the property of Alice Jane Lee and all the share and interest of and in
certain lands situate at Baddegama, the property of Charles
Deslandes Church Winter to the trustees but if he be desirous of
withdrawing the same lands from the heridatament, he shall pay to the
trustees the sum of five hundred and twenty two pounds in lieu of them.
In witness thereof the parties set their hands, C.
D. C. Winter, A. J. Lee, H. H.
Bowman and George William Burrow-Wills in the presence of Una Kitson
and John Kitson, solicitors, Torquay. An
indenture was made on 23.12.1886 between Alice Jane Reilly formerly Alice
Jane Lee now the wife of George Maxwell Reilly Manager of the Mortgage
Bank in Calcutta on the one part and Thomas Allen Saxby of No. 6, Aynhoe
Road, Kensington, Middlesex, England, Esquire, John Billingsby Richardson
of the Towers, Torquay, Devon Esq., MB and Paul Quick Karkeek of Isca,
Torquay, Esquire of the other part and supplemental to the indenture on
her marriage to Charles Deslandes
Church Winter whereas Haverstock
Hodsell Bowman died on 24..8.1889 and her husband on 8.4.1881 and
George William Burrow Wills on 7.1.1886 and whereas Alice Jane Winter
intermarried with George Maxwell Reilly on 21.2.1884, she in exercise of
her powers appoints Thomas Allen Saxby, John Billingsby Richardson and
Paul Quick Karkeek to be trustees in the place of Haverstock
Hodsell Bowman and George William Burrow-Wills, deceased. An
indenture was entered into the 6.1.1858 No 1572 between Haverstock
Hodsell Bowman and Lydia
Septima Winter, both of Baddegama whereas she was entitled to one
twentieth of the estate of her father George
Winter of Baddegama, Haverstock
Hodsell Bowman has agreed that this share and any other property that
she may become entitled to shall be her own and free from his control.
In witness thereof, their hand H.
H. Bowman, L. S. Winter in the presence of Sarah Winter, R. C. R. Cocq,
Isabel Winter, G. W. Winter. The Orange River Colony was annexed by the British in 1854 but its independence was recognised in 1848. After the Boer War of 1899-1902, it was united with other provinces to form the United States of South Africa in 1910.
Ally's common-law wife Dorake Vithanagé Hinnihamy alias Juana (whom he was very fond of) died very young, aged only 39. Galle
Hospital, 16.1.1919. Dear Mr Winter Hinnihamy
was brought into hospital at 2.45 suffering severe pain and in a state of
collapse owing to the pain in chest and abdomen.
I have taken her into hospital.
She is a little better now but I think had better remain the night
in hospital. Yours
sincerely. Hinnihamy died at Galle that year and was buried on the estate at Baddegama. Ally erected a marble monument with the Biblical verse "Her sun has gone down whilst it was still day". There was another unnamed grave by hers and for a long time, his grand children tried to find out whose it was but were fobbed with vague answers that it was a relative. In the 1990s they found out it belonged to a woman called Caroline who committed suicide for love of Ally. Ally took another common-law wife, Aslin Hettiachie, by whom he had Harold, Irene, Roxana and Lionel. He also had Harry, Willie and Mary but their mothers are unknown. Unlike many Europeans who abandoned their Eurasian children, Ally brought his children up and paid for their schooling. The children bore the surname Dagmar for some reason. According to one source it was the name of an Irish woman with whom he lived. According to Sinhalese law and custom, a woman's parents looked for a husband for her and if both parties were willing to get married, the woman brought a dowry with her. There was no religious marriage ceremony amongst Buddhists (especially in villages) until after Ceylon became an European colony. If the marriage did not work out, the wife could take back the dowry and marry a man of her choice, talking her children with her. She could do this as many times as she liked and could own property in her own right. However the colonial authorities did not recognise such unions between Europeans and the Ceylonese as marriages. Both Hinnihamy and Edmund's wife Kirimenike (whom he subsequently married according to English law) came with the permission of their parents or relatives and brought dowries with them. Kiri (who was then aged about 15 or 16) brought paddy lands and a house in her dowry. It was said 2 "wicked" uncles tried to do her out of her inheritance. Hinnihamy was just 18 when she had her eldest daughter.
Ally recognised his children by Hinnihamy. In
the District Court of Galle. In
the matter of an application under Section 22 of Ordinance No., 22 of
1895. Alexander
(amended to Alfred. Amended
Sgd. A. P. Boon, District Judge, 14.11.1926) William
Winter of Pillagoda Valley, Baddegama, Petitioner. The
8th day of May 1926. The
Petition of the Petitioner above named appears by his Proctor R. A. H. de
Vos, states as follows: (1)
The Petitioner is a proprietary planter residing at Baddegama within the
jurisdiction of this Court. (2)
The Petitioner had as his mistress a Sinhalese woman of Baddegama by name
Dorake Vithanagé Johana alias Hinnihamy for a number of years.
The said Dorake Vithanagé Johana alias Hinnihamy died in the Civil Hospital,
Galle in 1917. (3)
The Petitioner had five children by the said
Dorake Vithanagé Johana alias Hinnihamy namely: (i)
Hilda Dagmar (ii) Violet
Dagmar (iii) Norman Dagmar
(iv) Sydney Dagmar (v) Rioty
Marshall Dagmar. (4)
The Petitioner annexes hereto the respective birth certificates of the
above-named five children. (5)
In the case of the last two children the Petitioner' name has been
inserted in their birth certificates as their father but in the case of
the first three children, through inadvertence on the part of the
Petitioner, the Petitioner's name has not been inserted as father in the
birth certificates. (6)
The Petitioner, who is now advancing in years, is anxious to have the
omission of the first three children rectified by having his name inserted
in the Registers wherein the said births have been registered.
Wherefore the Petitioner prays the court be pleased, after due
inquiry as provided for by Section 22 of Ordinance No. 1 of 1895, to order
the Registers in question to be amended by having the Petitioner's name
inserted as the father of the first three children mentioned and for such
further and other relief as this Court shall deem meet. Sgd.
R. A. H. de Vos, Proctor for Petitioner. In
the District Court of Galle in the matter of an application under Section
22 of Ordinance No. 1 of 1895. Alexander
(amended Alfred. Amended, Sgd.
A. P. Boone 14.11.1926) William
Winter of Pillagoda Valley, Baddegama. I,
Alexander William Winter of
Pillagoda Valley do make oath and say as follows: (1)
I am the Petitioner above named. (2)
I am a proprietary planter residing at Baddegama within the jurisdiction
of this Court. (3)
I had as my mistress a Sinhalese woman of Baddegama by name Dorake
Vithanagé Johana alias Hinnihamy for a number of years. The said Dorake
Vithanagé Johana alias Hinnihamy died in the Civil Hospital, Galle in
1917. (4)
I had five children by the said Dorake
Vithanagé Johana alias Hinnihamy namely: (i)
Hilda Dagmar (ii) Violet
Dagmar (iii) Norman Dagmar
(iv) Sydney Dagmar (v) Rioty Marshall Dagmar. (5)
I annex hereto the respective birth certificates of the above named five
children. (6)
In the case of the last two children my name has been inserted in their
birth certificates as their father but in the case of the first three
children through inadvertence on my part I have not inserted my name as
father in their birth certificates. (7)
I have recently given the name of Winter
to the last four of the said five children, the first being married to Joseph
van der Poorten of Galagedara. (8)
I am now advancing in years and am anxious to have the omission of my name
as father in the birth certificates of the first three children rectified
by having my name inserted in the Registers wherein the said births have
been registered. (9)
The foregoing having been read over and explained to the affirmant in my
presence and he having appeared to understand the contents thereof, the
same was signed by him my presence and was affirmed to at Galle on the 8th
day of May, 1926. Sgd. A. W. Winter.
Before me Sgd. R. A. H. de Vos, JP. 5.16
- The Registrar of Marriages and H. C. Province Registrar's Office
present. Samuel
Mendis Wickremaratna states that the Registrar-General has no objection to
the amendments being made provided the Court was satisfied as to the facts
of the case. I produced his letter (seen). Order
- In the case of Hilda Dagmar,
Violet Dagmar, Norman Dagmar, the name of Alfred
William Winter may be inserted as the father and the Registers amended
accordingly. I
have no reason to doubt the statement made in the affidavit and the bona
fides of the application. Let
Order be communicated to Provincial Registrar, Galle who will take the
necessary steps to amend the entries. Particulars
re the numbers and days of the entries and Registration Division should be
furnished to the Provincial Registrar.
Let Applicant also file translations of the Sinhalese certificates.
Sgd J. C. W. Rock, District Judge, 22.5.1926.
9.8.1926
- Vide Provincial Register, 782 of 7.8.1926 - 2 more copies sent with
letter of 13.8.1926. In
the District Court of Galle, in the matter of an application under Section
22 of Ordnance 1 of 1895. Special
No. 484 This
matter coming on for disposal before J. C. W. Rock, Esquire, District
Judge of Galle on the 22nd day of May 1926, in the presence of Mr R. A. H.
de Vos, Proctor, on the part of the Petitioner, Alexander
(amended Alfred) William Winter (Amended D. A P. Boone, District Judge.
24.11.1926) of Pillagoda Valley, Baddegama. (1)
It is ordered and decreed that the original Registration entries of births
being Registrations Nos. 280, 2595 and 2701 dated 6th August, 1898, 8th
May 1904 and 30th June 1906 respectively,
of the Second Municipal Division, Hapugoda Division and Baddegama
Division respectively, be amended by inserting in the appropriate column
that Alexander (amended Alfred. Amendment Sgd. D. A. P. Boone District Judge. 24.11.1926) William
Winter is the father of (i) Hilda
Dagmar (ii) Violet Dagmar (iii) Norman
Dagmar. Sgd J. C. W.
Rock, District Judge, the 22nd day of May 1926. In
the District Court of Galle. In
the matter of an application under Section 22 of Ordinance 1 of 1895. Alexander
(amended Alfred Special 484) William
Winter of Pillagoda Valley, Baddegama, Petitioner. I
tender proxy, petitions and affidavit from the petitioner above named and
move for an order as prayed for in the petition.
Sgd, R. A. H.; de Vos, Proctor for Petitioner. Notice
Registrar General and Provincial Registrar for 22nd instant Intd. J. C. W.
R. , 7,5.1926, Notice
issued 15.5.1926. 21st
May 1926. Notices reported served on the Registrar-General (1st party) and
the Provincial Registrar. Call
on 22nd. Intd. J. C. W. R. 24.5.1926
Mr de Vos moves to withdraw last two certificates.
Alld. Intd. J. C. W. R. .24.5.1926. Documents
returned. Vide entry in
Register. 24.11.1926
- For reasons stated therein R. A. H.. de Vos moves that the correct name
of the Petitioner is Alfred William
Winter and not Alexander
William Winter and he moves the same to be corrected in this case. Allowed,
Amend and inform Provincial Registrar, Galle. Amend
by fresh affidavit first. Sgd.
J. A. P. Boone. Amended
and informed by letter of 27.11.1926. True
copy of the Petition, Affidavit and Proceedings Order, Decree and Journal,
entries in District Court, Galle Case No. 484, Special. Secretary
District Court, Galle, 10th October 1949.
District Court, Compared. After Ceylon got independence in 1948, a new law legitimising such unions was passed and Hinnihamy's cousin Mendis swore an affidavit to enable Rioty to get British citizenship and leave Ceylon because of political unrest. AFFIDAVIT:
I Hegoda Gamagé Mendis Appuhamy of Wackwella, Galle being a Buddhist, do
solemnly, sincerely and truly declare and affirm as follows: (1)
I knew and was well-acquainted with the late Mr Alfred
William Winter of Pillagoda Valley Estate, Baddegama for a period of
about forty years prior to his death in 1931. (2)
I was employed under the said Mr Alfred
William Winter from about the year 1892 when I was about
15 years old. (3)
About five years after I took up employment under the said Mr Alfred
William Winter, he, the said Mr Alfred
William Winter took Dorake
Vithanagé Hinnihamy for his wife according to the local custom and
tradition and lived in permanent association with her from about the year
1897 until her death at the age of 39 years in the year 1919. (4)
During the said period they lived together, six children were born, one of
whom died very young. (5)
The said Mr Alfred William Winter, Dorake
Vithanagé Hinnihamy and their children lived as one family and both
of them were accepted by all their neighbours as husband and wife. The
foregoing Affidavit was read and explained to the Affirmant who understood
the contents and affirmed to the truth of the contents and wrote his
signature in my presence on the 23rd day of May 1962. This
Affidavit was signed before Mr D. S. Goonesekara of Lighthouse Street,
Galle, Member of Parliament for the Habaraduwa-Talpe Constituency. Drawn
and explained by M. L. N. Wickremasingha Esq., Proctor and Notary, Galle
who also gave the following opinion: I
am of the opinion that the facts contained in the Affidavit of Hegoda
Gamagé Mendis Appuhamy reveal that a marriage by habit and repute as
contemplated by the Council in the decision reported at Page 114 in Volume
129 of the New Law Reports existed between Alfred
William Winter and Dorake
Vithanagé Hinnihamy. As
recorded in his letter dated 24th May 1962 and his letter of 5th June
1962. Ally wrote a series of letters to his sons who were sent to England to be educated. They speak for themselves regarding the love and care he took of his children. The first letter is written to Hinnihamy's eldest son who was probably at St. Thomas's College, which was then at Mutwal (later moved to Mount Lavinia). 4.11.1923,
Pillagoda My
dear Norman Thanks
for yours of 2nd instant. Inquire
from the bootmakers you mention what they want for boots - if prices
reasonable, order what is required. S.
Campbell's and other European shops are much too expensive.
I enclose Cargill's letter which speaks for itself -
if the importers of an article will not recommend it, it's not
worth while having it. All
that glitters is not gold because it had a nice shine, you no doubt
thought was the thing, that is the way people are often taken in.
You want too many things all at once. I
though of giving you a racket as a Christmas present so if I give you one
now, will have to consider it as such but I will not buy an article I know
nothing about without finding out from persons who do. As
regards some clothes as you will no doubt want to cut a figure when you
visit you friends which you can do. I
enclose an order on Smith Campbell, they no doubt will be able to meet
your requirements but what about Sydney and Batcha?
If you like you can ask your friend to come down when you return
but you will have to amuse him as well as yourself as I cannot spare the
time nor am I well enough, have been in the doctor's hands for over three
weeks without much benefit, am advised by all to go for a change but
cannot go away. Have
just seen in the "Times"
the death of a son of a man I
know, young Hawke, as the result of running a stick into his foot, reason
why I wish you boys to be careful when you hurt yourselves, even a slight
scratch is enough to enable the poison to enter so it is always safest to
apply some iodine even to a slight wound. Heard from Uncle Edward (Deslandes Bowman) who will be down today or tomorrow. |