Gil Jennex's Home Page

Printer-friendly versionSend to friend

Roy Jennex and Mylem Day : a search for identity

Introduction: I will try to outline the life of two brothers: Roy Jennex and Mylem Day, who, although with the same parents, grew up and lived very different lives, under different surnames.

Upon the death of Mylem Day in 1987, there began a four year effort (1987-1991) to establish an official link between the two brothers, i.e., to prove that they actually were full brothers. This effort involved two law firms , one in Nova Scotia and one in Manitoba, and my sister, Maureen, who actually followed or chased the paper trail.

And, after all this, there was not one official paper with reference to the two men as brothers or otherwise. But, in the end, just one unofficial reference concluded the search successfully, i.e., Garfield, Maureen and I were declared legal heirs of Mylem Day.

Mylem ended his life with his surname spelt "Daye" and Roy in later life had his name spelt "Jennix". There is no explanation why Mylem's name was spelt differently from his parents' , nor why Roy's name differed from that of his foster parents. In this paper, only the names "Day" and "Jennex" will be used, unless in a direct quote from a specific document.

The writing which follows has many repeats of the word 'likely' and 'probably' . This is because I have tried to construct a senario for which at times only the basic facts are known. Much of what is written is supposition and therefore I have tried to word it as such.

The idea of preparing this document arose out of the fact tht after the court decision and the settling of Mylem's estate, Maureen arrived in Cairns, Australia, for a visit with all the papers - certificates and legal correspondence. Over the years, she had had enough of them and I could do with them as I wished. They sat in a cupboard for several years, and I was concerned, because if anything happened to me, most likely, it would be off to the dump with them. Yet they are our family history. It is unlikely such a record would be assembled again. So the idea of this brief history of Dad and Mylem, with the certificates and correspondence attached, was born. Copies will be sent to the immediate family, and hopefully some will survive.

A FAMILY TREE
In order to follow the relationships and dates of persons mentioned refer to the family tree below.

THE TWO BROTHERS

Cornelius Day, father of Mylem Day and Roy Jennex, first appears in official records in the 1871 census for Halifax County, Jeddore. Here is listed John and Elizabeth Day and their seven children. At the time, Cornelius, then age six, had three brothers and three sisters.

Cornelius is next recorded on a land deed, when in 1890, he bought in West Jeddore "four acres more or less" from John Baker. He paid fifty dollars. Cornelius at the time was twenty-five years old. This land will be discussed later.

For the next thirteen years Cornelius, still single, worked as a fisherman out of Jeddore Harbour, as did most of the men of Lower West and East Jeddore.

On the 22 October 1903, Cornelius Day, aged 38, a fisherman, and Alma Myers, aged 21, a spinster, were married in the rites of Presbyterian Church, Jeddore. It was not a rushed affair, as they took an oath of intent on 2 January 1903 and took out a Marriage License on the 10 October 1903. They did not marry till Alma had her 21st birthday. Cornelius could not write as he signed with an 'X' , his witnessed mark.

It would appear that Alma Myers' full name was Edith Alma Myers, because she used the name Alma on her marriage documents, but is later referred to as Edith. Unfortunately her death certificate only refers to her as "Mrs Cornelius Day."

The Days were in no hurry to start a family, or efforts were in vain, because their first child did not arrive till 7 November 1907, when Mylem was born. He does not appear to have any middle name. In 1911, Cornelius and Edith Day of West Jeddore were expecting their second child, but little did they suspect the unusual circumstances under which their two sons would live out their lives.

Alma Day died on 11 June 1911, six days after her son was born on 5 June. Unfortunately, the cause of death is blank on her death certificate. Cornelius was now left with four year old Mylem, and an infant son. It is not known how long the new son was kept by his father. Certainly it was long enough for him to be given the name, probably before his mother died, of ' George Meadows '. All that is known is that 'shortly' after his birth he was given to a childless couple, Tom & Ada Jennex of East Jeddore.

It is not known if the Jennex couple were friends of, good acquaintances of, or even knew Cornelius Day. But because of the interaction between West Jeddore and East Jeddore, they would be aware of Cornelius and the recent death of his wife. At Bakers Point, East Jeddore, there lived Isaac Baker & his wife. Isaac was related to the Cornelius Day family; an Elizabeth Baker was Cornelius Day's mother, so Isaac and Cornelius were first or second cousins. Therefore, it was probably Isaac Baker who alerted Tom & Ada of the motherless child and may have encouraged them to approach Cornelius Day and to offer to give his son a home. I am here making the Bakers go-betweens, which seems highly likely.

Tom and Ada Jennex, and Isaac Baker and his wife, were both childless couples. The Bakers and Jennex families were always good friends, and the seed of this friendship could have been the bringing of the Jennex family and Cornelius Day together, and the blood relationship between the Bakers and George Meadows Day, now Roy Marshall Jennex.

An interesting side note. The Bakers did adopt a son, but was it before or after 1911 ? If the Baker family had not already adopted a son, it is very likely they would have taken George Meadows, which leads to a lot of 'what might have beens' .

It is not known how the widower, Cornelius Day, cared for Mylem. Did he have a house keeper ? Was Mylem sent to live with friends or relatives ? Was his father caring ? Nothing is known about these formative years.

Anyway, on 2 Oct 1916, Cornelius, now 50, still a fisherman, married Florence Jane Day, aged 24, a spinster. They both signed their 'X' mark. Cornelius is listed as Baptist and Florence as Anglican, but they were married by a Presbyterian minister.

Was Florence Day related to Cornelius ? Was she Cornelius' housekeeper ? For Mylem's sake it would have been best that she had been, at least it would have given some continuity to his life. But if she had been, and she and Mylem did not get along , his life would have continued to be unhappy. Mylem was nine years old when he acquired a step-mother. Did he and his step-mother get along ?

Cornelius and Florence Day had a daughter, born on 11 December 1916. An event which took place only two months and a bit after their marriage. She was named Martha Jessie. Cornelius had or used to have a sister called Martha. Mylem and Roy now had a half-sister. Roy may or may not have been aware of his new blood-relation; if he was told it would have meant nothing to him. His daily life was within the Jennex household.

It would appear that right from the beginning, Tom and Ada Jennex called their new son 'Roy Marshall Jennex '. Ada had a favourite brother called 'Marshall '. Where the 'Roy' came from I do not know. It is not in the immediate family of either Tom (Jennex) or Ada (Mitchell).

It was always thought that George Meadows Day might have had his birth registered. But in those days, there were often delays in birth registration because of the distances involved, so, it is likely that the Jennex family took the new baby before Cornelius attended to the registration of his birth. After his son left his care, he just did not bother. If George Meadow's birth had been registered, it is unlikely that Tom & Ada would have changed his name. So knowing there was no birth registration, and probably never would be, they renamed their new son ' Roy Marshall Jennex '.

I feel that Tom & Ada would have liked to legalize the adoption of their son, especially after Cornelius died when Roy was ten, but such a legal step would have required a lawyer or the like, which would have cost money. Spare money is something the Jennex family never had.

Ada Jennex had 'eight' pegnancies ending in still-born babies, except one, who only lived a few hours. All were wrapped in something and buried in the stone wall below the house. There was no doctor and no certificates.

Thus the arrival of a new baby in the Jennex household was greeted with great joy. Their son was raised with all the loving attention any child could wish. This may have been in sharp contrast to Mylem, who was motherless from age four to nine.

It is not known if Cornelius and Mylem ever visited Roy or he them. There was no secret that Roy was adopted, and after Cornelius' death, Mylem was a constant visitor to the Jennex household . So it is likely that Roy would have met both his father and brother from time to time. After all, it is only a good row across Jeddore Harbour.

On 9 September 1921 Cornelius Day died in West Jeddore. He would have been 55 years old. Again it is not known if Roy, now 11 years old, was taken to the funeral. It is unlikely that Cornelius' death would have been a great personal loss, because to him Tom and Ada were his parents. For Mylem however, now 14 years old, the situation is different; he is now an orphan as far as his natural parents are concerned. He only has his step-mother, Florence and half- sister, Martha. Mylem should have felt the loss of his father deeply.

It is not known if Mylem went to work, or lived with his step-mother. Was Florence able to maintain a household for the two children ? Did she have a house after her husband died ? Mylem must have worked, as it unlikely Florence would have had the means to support him and his half-sister. Going to work at 14 years of age was common in those days.

Of his life in Jeddore, in later life he remembered boats and fish. This suggests that he probably fished, maybe with his father, and later when he had to go to work. Some fishermen would always require an extra pair of hands, so Mylem should have found plenty of fishing opportunities. In Jeddore at the time, most men fished, so Mylem should have had uncles or other relatives who fished for a living.

Whatever the reason, Mylem had emotional and/or mental problems from an early age. In 1924, at only 17 years , he was in the Nova Scotia Hospital for the first time. As he was spending a lot of time with Tom and Ada Jennex and his brother, Roy, they must have felt the brunt of Mylem's deteriorating mental state. He would have been closest to his brother, so Roy must have experienced the most trauma from this close association. I wonder how much disruption Mylem brought into the Jennex household. Mylem was in the Nova Scotia hospital again in 1930.

In later life Mylem's condition was dignosed as Chronic Paranoid Schizophrenia; he had paranoid delusions and was very manneristic. How would all this have manifested itself in a 17 year old ?

It would certainly have made life difficult for those closest to him.

Mylem also spent a great deal of time with the Isaac Baker family, in lower East Jeddore. This family, as the Jennex family, were childless and had each adopted a son late in life. So an orphaned 14 year old would have been welcome. How much contact did he have with his step-mother and half-sister? There is the probability he drifted between the three households of Tom Jennex, Isaac Baker , and Florence Day. There is also the probability that he maintained some contact with aunts and uncles from both his father's and mother's sides of the family. He appeard to be basically homeless and just drifted about ; and being mentally unstable, he may have worn out his welcome in some households.

Roy was listed as Mylem's nearest kin when he was in the hospital in 1930. This was a busy time in Roy's life, because he was dating Arabella Jane Mills at the time. It is not known if she and Mylem had much to do with each other. They certainly would have been in some contact, both before and after he went into the hospital. With Roy's attention elsewhere, Mylem may have felt his claim upon Roy was diminished.

For whatever reason, in 1930, Mylem left Nova Scotia by train to harvest wheat in the West (maybe Manitoba) ; this must have been shortly after getting out of the hospital. He left all his possessions in one large turnk with Tom and Ada Jennex. Does this suggest that he considered their home his more permanent abode ? Or did he leave the trunk just because his brother lived there and there was plenty of room ?

Mylem in 1930 dropped out of the immediate life of the people he knew in Jeddore. During the 1930's and early 1940's, there would arrive from 'out West' odd newspapers and clippings with parts underlined and comments; they did not make sense, or from what I can remember from Mum and Dad talking. Their arrival did cause a stir, but I was too young to remember the details. They came to Dad, to Isaac Baker and to others in West Jeddore. There was no return address, but it was always assumed that Mylem was 'out West' , that is in the Prairie Provinces.

I cannot remember Tom or Ada Jennex, nor Mum or Dad, ever talking about Mylem or his problems. Except in relation to the random arrival of the newspapers. It would appear to be a closed subject, at least in so far as talking in front of us children.

My only personal contact with Mylem concerned the trunk he left in the attic at Tom and Ada Jennex's. This attic was where Roy slept and played as he grew older. It is probably where Mylem would have slept, and where he might have felt he had a place to stay - where he was welcome to come and go. This room was quite large, being the full size of the two bedrooms and living/dining room downstairs. Of course, the roof slope cut down some of this area . There was a stairway at one end and a window looking over the harbour at the other. A large double bed was always just to the right of the window.

This is where we kids played, so I can understand both Dad and Mylem also spending a lot of time up there. It was full of all sorts of things collected over the years. A place of wonder for kids. And for me, there was Mylem's trunk. We were ordered not to touch it, it was 'Mylem's trunk' and was out of bounds. One time, Gram (Ada) sat down with me and we looked inside the trunk. I can remember a large photo of Mylem, stripped to the waist, holding his arms up, showing his musles. Also there were two pieces of apparatus for pulling or pressing to increase arm size and hand strength . So he must have been into some kind of muscle building. Another thing I always remember is a doctor's stethoscope. I found it fascinating and was allowed to try it. Later in life, I wondered where he got it and why he had it. Also in the trunk were some 'mining shares ', why I remember these I do not know. But I can remember Gram saying they were worthless. Nothing else ever comes to mind concerning Mylem's trunk.

After we moved to Port Wallis in the Dartmouth area early in World War II, Gram and Tom moved over into our house. Their old house, and it was old, was left vacant for a few years; then it was torn down. Anything left in the attic would have been destroyed. Mylem's trunk was not taken to the new house. Aunt Mime was living with her brother, Tom, by then, and the new house only had two bedrooms. There would be little room for 'extras'.

In the 1930's, Tom and Dad were experiencing some of the problems relating to 'Roy Marshall Jennex' not having any legal itentification, that is, no birth certificate under either name. Dad married under the name 'Day-Jennex' , in 1932. There was probably no legal grounds for this name either. But Dad's marriage certificate was his first legal document.

In 1933 Tom and Ada transferred one of their properties to their son, Roy, but had the deed registered in the name ' Roy M Day Jennex '. This was probably done to ensure identification in case any legal problems arose with regards to the property. It also agreed with Dad's marriage certificate. Roy and the rest of the family still lived as 'Jennex'. Only my birth certificate read 'Day-Jennex', but only the ' Jennex' was ever used in my youth.

With Dad's death in 1948, I seemed to have been the contact point concerning Mylem Day. While I was at university, 1955-58, a letter arrived from the Municipality of the County of Halifax, stating that a piece of land in West Jeddore, 'owned' by Mylem Day, was to be auctioned for back rates unless he or I paid them. I cannot remember how the letter was worded; it might have just said 'listed' against his name rather than 'owned by'. By then, from memory , the rates were 'around $800' . Firstly, being a student I was short of money, and secondly, I thought that if I paid the rates, how would I ever get the land in my name, that is prove that Mylem was dead. No word in any form had come from Mylem for years. We just assumed he was dead. I wrote to the Municipality to that effect. Mum went to the auction. The man next door bought the land ; he had been using it for years.

The deed to this land was sent to me by Isaac Baker, when he heard that I had been contacted by the Municipality of the County of Halifax. Mylem may have given it to Isaac before he left Jeddore. Or some other relative may have given it to Isaac when Cornelius died, with the understanding he would keep it till Mylem came of age. Isaac may have gotten it from Cornelius' possessions, then with his widow, Florence, to make sure it would go to Mylem at a later date. I did no more than thank Isaac. He may have had other items relating to Cornelius and Mylem .

How did Mylem acquire this land ? Did he inherit it from his father? This seems likely. On 25 October 1890, John & Catherine Baker sold to Cornelius Day 'four acres more or less' with a sixteen foot right-of-way leading to the road and to the harbour. Conrelius is listed on the deed as fisherman, so the access to Jeddore Harbour was necessary. The sale price was $50. The land was "to have and to hold' by Cornelius Day and his heirs. The deed was not registerd in Halifax till 3 February 1906.

Was this land in West Jeddore actually transferred into Mylem's name as Cornelius' oldest son, or was his name just noted as an heir ? If Cornelius did not leave a will, his estate would have gone to Mylem, Roy and Martha, his three surviving children. If the land had been transferred to Mylem's name after his father's death, then Martha , who was still alive in the 1950's, would probably be considered Mylem's closest relative and therefore his chief heir. There is the remote possibility that both Mylem and Roy were listed as Cornelius' heirs.

Any enquiries in West Jeddore by the Municipality concerning the where abouts of Mylem in the 1950's, would have determined his disappearence, Dad's death, and my name. Jeddore, both East & West, is not very large, and into the 1980's there were people living who knew Mylem.

And there the matter rested. Roy had four children: Gilbert, Garfield, Maureen and Leroy. During the 1930's he worked on the roads, cut pulp wood for a company and on his own property, and did mixed farming. During the depression, Roy earned about $1 per day, but living on a farm, there was plenty to eat and we kids never felt deprived of anything. He and family left Jeddore early in World War II to live in Port Wallis, near Dartmouth, and later in the North End of Dartmouth. During the war, Roy worked at the Dartmouth Shipyards. Dad died in 1948 in a highway accident. The family moved to the new house he was building in Westphal. Mum died in 1969.

Roy Jennex, although in his early thirties, and with four children, was never called up in World War II. We always assumed this was because of his age and number of children, coupled with the fact that he was involved in war work at the Shipyards. But he never even got a report notice or the like. It is more likely that officially he never existed, and therefore would not have appeared on conscription records. This must have been relief to Mum.

We kids lived our lives without giving Mylem more than a passing thought. And unfortunately, the same for Martha, who lived her life in Nova Scotia, but ignored by her only family. We were always told she was in the Nova Scotia Hospital; that mentally she had never grown up. Some time later in her life, she left the Hospital and worked as a maid or housekeeper with a family or families. Her leaving the hospital was probably due to the policy of reviewing cases of persons who could function in the outside world. That she was able to funtion, maybe in a controlled environment, indicates that with proper training as a child, she may have been able to look after herself in the outside world. Martha died in 1974.

A letter came in 1972 to Douglas Baker of West Jeddore from the Department of Health and Social Development , Brandon, Manitoba. It indicated that Mylem 'Daye' had made application for Old Age Security and proof of age could not be found. This letter indicates a knowledge of Cornelius and Alma (nee Myers), but all names have the 'e'; thus any formal search would have given negative results. I do not know if Douglas Baker ever replied to this letter. I was unaware of the letter at the time.

Then in 1976, a letter from the Department of the Attorney-General, the Public Trustee, Winnipeg, Manitoba, addressed to 'Ray Jenniks, Jeddore Oyster Ponds, Nova Scotia, eventually was readdressed to me in Australia. Alan Mills, my uncle, had been contacted and he gave the local post office my address . The letter must have been opened , otherwise a connection may not have been made with Roy Jennex and then to me. This letter read : 'Re: Estate of Mylem DAYE - B8482' . Other than mentioning Mylem as a 'patient' , said little. It just wanted any information concerning Mylem's financial affairs with a form to be filled out. This I did. I also wrote a letter.

The reply in 1977 and later to my first letters were not very helpful with regards to Mylem and his mental condition. One letter stated that : " In order to obtain the necessary information on his current mental and physical condition it is the requirement of this hospital that we obtain from you a signed consent form from Mr Daye for release of information on his clinical condition ." What must have been in the mind of the doctor who wrote this ! I was trying to determine on what level Mylem functioned, and he did not even know of my existence. The doctor admitted that this may be "inappropriate because of distance", when distance was not the main factor at all.

It was not till 1982, that I began to get letters in a more informative vein. At the present time (1999), I cannot state why I did not make a determined effort to go to Manitoba to see the Health authorities and Mylem himself. My first reaction in the 1970's was that maybe he was a vegestable or in a straight jacket. But after 1982, when information was clearer, a visit by me should have taken place. And I have no excuse. One of the great "I should haves" in my life.

Via the next few letters from the Brandon Mental Health Centre, an outline of Mylem's life since leaving Jeddore began to emerge. It is not a happy story. The medical authorities of the Centre knew of Mylem's time spent in the Nova Scotia Hospital in 1930, but make no mention of the 1924 period. Only eight years after leaving Jeddore, in 1938, Mylem was first admitted to the above Centre. Over the next twenty years, he was on his own, although the doctor believed Mylem had treatment elsewhere. In 1958, Mylem was re-admitted to the Brandon Mental Health Centre, where he stayed till 1971, when he was then discharged to a foster home. He was re-admitted again in 1973, but in the same year was discharged to a Salvation Army nursing home. This lasted till 1976, when he came back to the Mental Health Centre, and according to the doctor, it is unlikely that he will ever be well enough to be discharged (1982).

A report on Mylem's physical conditon and social personality came in two letters in 1982 and 1985. Mylem was in a Gereatric Unit at the Mental Health Centre. " Mr Daye is quiet and tends to keep to himself on the ward", he "eats and sleeps well, requires some assistance with personal hygiene and enjoys attention from staff." . Mylem seems to have "settled in to ward routines". He "is able to go to outings, van rides, etc, and enjoys an occasional visit to the canteen". "His physical health is quite satisfactory at the moment, of course, he is in his 75th year." (1982).

As to Mylem's mental state, I will quote from a letter dated 1982: "The diagnosis is Chronic Paranoid Schizophrenia . He has many paranoid delusions mainly relating to being poisoned by fumes,etc. He will talk about his early days in Nova Scotia, usually about boats and fish. Time appears to have stopped for him somewhere in the 1930's. He cannot believe that we are in 1982. He is very manneristic and cannot enter into any kind of occupational activity. "

The part about 'being poisoned by fumes" is interesting. I wonder if he had some life threatening experience with fire or gas after leaving Jeddore. There has never been any mention of fire in relation to Mylem, that I can remember. Mylem would have followed the tradition of going fishing with his father at a very early age, maybe as early as eight or nine, especially in the summer months. His earliest memories would have been the daily return of his father in his boat, the cleaning of the fish on the wharf , and the flocks of screaming gulls. These would have been happy memories. If he fished after his father's death, again memories of boats and fishing. They are memories of life before his mental condition began to exert itself. There is the possibility that for Mylem, time stopped in 1930, the year he left Jeddore, not the 1930's.

Over the next few years letters passed back and forth between myself and the Manitoba authorities, mainly concerning Mylem's heirs, that is we four descendents of Roy Jennex, later with Mac's death in 1984, we three. They wanted full names, and addresses. Family trees were sent, and explanations were made concerning the relationship between Cornelius, Mylem, Roy, Tom, Ada, and Belle. I and/or Garth were asked to come to Manitoba and establish our relationship with Mylem. As time would tell, a visit would not have established our "status as next of kin" to Mylem. The Manitoba authorities wanted legal proof of the blood relationship between the brothers, Mylem and Roy.

A social worker conveyed to me a meeting between her, the nursing staff and Mylem concerning Mac's death ("your recent family loss"). And the letter, 1985, goes on: "Unfortunately Mr Daye indicated to us that he was unaware that he had a nephew in Australia. We querried Mr Daye as to his knowledge of relatives by name of Jennex which he appeared to remember. Mr Daye was not visibly affected by your information." This quote, from authorities to whom I had written a number of times concerning Mylem's leaving Jeddore in 1930 and of whose whereabouts no one in Jeddore had knowledge till 1972 or 1976. These same authorities had written that for Mylem life had stopped in "the 1930's".

I wrote back pointing out that Mylem would not have been aware of any nieces and nephews, in Canada or elsewhere. And that I was not aware that Mylem even knew his brother, Roy, had ever married or to whom ? I had asked, if anyone in the Manitoba Department of Health , had ever told Mylem that his brother had died, after I had conveyed that inforamtion to them in 1976. To such questions, the Manitoba authorities never responded.

I suppose things were in limbo, until Mylem died on 2 February 1987 in his 79th year. I got a call in the middle of the night in Cairns by someone in the Manitoba Health Department. I believe Garth and Maureen got the same call. His death was as he lived, a sort of tragic episode. Mylem, when no one was looking, simply jumped into the Centre's swimming pool. The interesting point here is that at no time did the Manitoba authorities admit to us the circumstances of his death, this was later discovered by the lawyers. It would appear that the Centre felt it might have been held responsible for his death by not keeping a closer watch on his movements. Mylem may have shown suicidal tendencies in the past, therefore the authorities felt that they should have been more alert. In order to clear Mylem's estate we had to agree not to pursue the matter any further, that is not to take up a legal challenge against the Manitoba Government with regard to negligence leading to Mylem's death.

The ball game had changed. Mylem's estate would be distributed to his closest blood relatives, with emphasis on the words 'blood relatives'. Formal forms needed to be filled out. I took up one or two points with the Public Trustees concerning what information had Mylem given them over the years concerning relatives. For example, the 1976 letter to Ray Jenniks. Where did they get the name ? I said that it would only have come from Mylem and that it was the phonetic spelling of 'Jennex' . He may have said 'Roy', they wrote later 'Ray', or just a typing error. Again the letter was addressed to East Jeddore, where Roy lived, not to West Jeddore where Mylem was born. All of this indicated to me that Mylem had given the Manitoba authorities some information concerning next of kin. Not once did anyone from Manitoba acknowledge what information Mylem had given concerning next of kin. And not once did anyone in Manitoba acknowledge my above querries. They were just ignored. As were my querries concerning why the 'e' on Daye.

There now began a period of unreality. It was as if the Manitoba authorities could not read English nor understand a family tree. There is the other possibility that at no time were the records, including the correspondence, in relation to Mylem ever brought together in one place so that one person could deal with all the issues. In Manitoba there should have been two sets of records or files: one in the Department of Health, Winnipeg, and one at the Brandon Mental Health Centre. After Mylem died, you would expect both files would have been brought together, or at least copies of them. It would be interesting to know how many different persons dealt with Mylem's file or files with regards to his heirs. All of this could account for the confusion.

There is another possibility that some of the statements coming from Manitoba, could just have been to confuse us in order to test our account of events and relationships. And I can understand the Manitoba authorities trying to separate fact and fiction in such claims.

Here are a few of the wild statements or conceptions which the Manitoba authorities came up with.

That Roy and Mylem were step-brothers, as Tom & Ada Jennex were Roy's blood parents; it was they who had adopted Mylem. This of course then showed that the father (Roy) of the claimants (us) to be a step-brother of Mylem , and therefore had no blood relationship with Mylem and therefore could not be his heirs. Then there was the suggestion that any descendants of Tom & Ada might be able to throw some light on the problem. This led to a request for Tom's will, so it could be determined how he referred to Roy. The latter point is interesting, because I had sent to Manitoba a copy of Tom's deed of land to Roy in 1933, pointing out how Tom used the name 'Day Jennex' in reference to his son. No reference was ever made to this deed. One of the first things I did in 1976 was to send a family tree, with a second sent later, as well as numerous explanations concerning the relationships between Mylem, Roy, Tom & Ada.

Then, a letter came asking if Arabella Mills was my Aunt. If she were, and thus a sister to Mylem and Roy, so any of her children would also be entitled to a share of Mylem's estate under Manitoba law. This had followed a second family tree, which I feel that the writer did not know how to read or understand.

It became obvious that the situation could not be dealt with by me in Australia, nor Maureen in Nova Scotia, without legal assistance. So Maureen secured a lawyer in Halifax and at a later date, we had to "retain Manitoba counsel to make application in the Manitoba courts on their behalf to try to establish that they are the sole heirs of Mylem Daye and obtain an order of the court directing the residue of the estate be paid to them.".

Why did we consider it worth it ? Because early on, the Manitoba authorities indicated that Mylem's estate was worth about $60,000. This amazed us at first. But it would seem that despite the Manitoba Government housing and feeding Mylem, his Old Age Security Pension cheques were deposited intact in a bank. This money was only touched when, "Clothing and canteen purchases are paid for from his own Trust Account which is managed for him by the Public Trustee. There is no charge for the hospital." And the amount was growing rapidly due to the high interest rate.

The brunt of the work, like searching records in person or by post to secure all the documentation fell to Maureen. She had to deal with the lawyer in Halifax on a regular basis and arrange for payment of the ongoing legal costs. This went on from Mylem's death in February 1987 till May 1991, when the Manitoba Government mailed us our cheques.

At one time the Manitoba authorities required a sworn statement , "setting out the number of marriages made by both of the parents of the deceased (Mylem), names and birth dates of all of the children born to both parents, both from their marriages or otherwise, and whether either or both of the parents adopted any children. As well, the sworn statement must deal with adoptions out of the family. This same situation applies with respect to the children of Roy. How many times was he married and the names and birth dates of all of his children." These requests were merely following the legal steps arising from efforts to establish next of kin.

Maureen was able to obtain the two marriage certificates of Cornelius Day, the death certificates of Edith and Cornelius Day, the birth certificates of Mylem and Martha Day, the death certificate of Martha and a further eight certificates pretaining to Roy & Bell Jennex and us children. Maureen obtained two affidavits or statutory declarations: from John Kent in West Jeddore, who being about Mylem's age,knew him during all his years in Jeddore, and from Allan Mills of East Jeddore, who knew Mylem as living with Roy Jennex's family in East Jeddore when Allan's sister, Arabella, (Belle), dated Roy . Maureen herself had to make a statutory declaration concerning the family story of Cornelius, Mylem, Roy, Tom and Ada.

Efforts were made to acquire the school registers of East and West Jeddore, only to be informed by the Public Archives of Nova Scotia that none existed prior to 1932. If they still did exist, it would probably not not have helped, as Mylem's records would have recorded Cornelius as his father, and those of Dad would have noted Thomas Jennex as his father. There would have been no need for Cornelius' name to appear. A birth certificate would not have been required. Everyone in the East Jeddore knew that Tom & Ada Jennex were Roy's parents, if not in law or by blood, at least by community acceptance.

What could not be found was a birth certificate for George Meadows Day, or for Roy Marshall Jennex - the one document which would list Cornelius as the father of both Mylem and Roy. Nor was there a baptismal certificate, which would have done the same . And the Public Trustees in Manitoba were insisting upon a Court declaration as to "your clients" , that is, Maureen, Garth and myself, are "the nephews and niece" of Mylem Daye. All we had were the affidavits.

Even if, in the late 1970's or early 1980's, I had visited Winniped and Brandon, to meet with the authorities and Mylem, it would not have made the task of establishing a blood relationship between Mylem and Roy , and thus our relationship to Mylem, any easier. With Mylem alive or dead, establishing next of kin was a legal matter, and would still have come down to a birth certificate in the name of George Day or Roy Jennex, in which Cornelius and Alma Day are listed as his parents.

The Halifax lawyer reported that the "Winnipeg firm is unwilling to predict the outcome. In the circumstances, prehaps that is a reasonable position for them to take. My own reaction is that, unless someone comes forward with a better claim as a result of the advertising which will inevitably be untaken, your claim is likely to be approved." Thus, one for and one against, but the one against is in Winnipeg, nearer to the action.

Then on 4 June, 1990, a TW Hewett, from the legal firm of Pitblado & Hoskin, Winnipeg, added at the end of his letter : "PS. As a final note, the writer would advise that investigation conducted by our office have indicated that Mylem Day was admitted to the Dartmouth Mental Hospital in 1924 and 1930. A search of the records of the said hospital by your office or Ms Dowe may reveal information that evidences Mr Day's kinship to Roy Jennix." This was the key.

The law firm of Cox, Downie & Goodfellow, Halifax, on June 12 wrote to the Nova Scotia Hospital regarding Mylem's stay there, " that Mr Daye had been admitted to your hospital in 1924 and 1930. If possible, we would like to check your records to see if there is any reference in them to next of kin."

And on 18 June, 1990, a reply came from Dr WO McCormick, Medical Director, Nova Scotia Hospital: " We do have notes on file, although the spelling in our notes is of a Mr Milam and, elsewhere in these ancient handwritten notes , Milan Day. The notes show, again with some discrepancy in spellings, a Mr Roy Jennox, again Roy Jemmex as his half-brother, listed as his next-of-kin because both his parents had died young. On December 1, 1930, there is a handwritten letter from Roy Jennix in response to a letter from the Medical Superintendent agreeing to purchase a Christmas present for the patient. In the circumstances , it seems clear from our records that Mr Roy Jennix was the person listed as the next-of-kin in our records on two separate occasions".

Beside the interesting variations in spelling , having Dad listed as Mylem's half- brother is unusual. But then again, from the Hospital's staff point of view, when they were told 'brothers', because of the different surnames, it was assumed half-brothers. Here Mylem's surname is given as ' Day' . In the letters above, the Manitoba lawyer uses 'Day' and the Nova Scotia lawyer uses 'Daye'. It would appear here that Dad used "Jennix" , or does the hospital misread his writing. With Tom and Ada's name 'Jennex', why and when does Dad start using 'Jennix' ?

The legal battle was all but over. When the case went before the Queen's Bench in Manitoba, on 14 September 1990, the Judgment reads: "This court declares and adjudges that the Applicants are the nephews and niece of Mylem Day (also known as Mylem Daye, and Mylem Day) who passed away (crossed out and "died" inserted) at the Brandon Mental Health Centre, in the city of Brandon, in Manitoba, on February 1, 1987." The court also ordered that Mylem's estate be accounted for and distributed to the Applicants (that is we three) . This Judgment was approved on 24 September.

The significance of the words "passed away" and "died" should be noted. We at the time did not know the circumstances of Mylem's death, but the Public Trustees of Manitoba were aware and corrected the document or or had it corrected before signing.

But the granting of application depended "upon being provided with a certificate from the Department of Vital Statistics of the Province of Nova Scotia as well as a certificate from the Registrar General of the Province of Nova Scotia which indicated that neither of the said offices could obtain a record of birth with respect to Roy Jennix, George Meadows Day or George Meadows Daye." So, a letter from the Nova Scotia Department of Health, dated 26 September 1990, stated that there was no record of birth of Roy Jennix to Thomas and Ada Jennix , nor of George Meadows Day (e) to Cornelius and Alma Day. These facts we knew all along, but I suppose a Nova Scotia Government Department had not put it in writing before.

Finally, on 22 October, the Halifax lawyer was notified that the 14 September Judgment had been duly executed , which meant that we three claimants were legally declared Mylem Day's heirs. An accountancy of the estate in the immediate future was asked for by the Manitoba law firm. Over the next few months, there was one delay after another due to the Public Trustee of Manitoba needing to get a Clearance Certificate from Revenue Canada with the accompanying paper work .

The Public Trustees of Manitoba required that a Release be signed by us before a Notary Public releasing them from any and all claims that we may have against the Trustees. These claims could not only be financial claims, but any claims we may have arising from the nature of Mylem's death. The Trustees were concerned that the Manitoba Government might be held responsible for the death of someone in its care arising from a laxity of supervision. We each signed a copy of this Release.

As a result, a final conclusion in the form of three cheques, did not take place till 29 May 1991.

SOME CLOSING THOUGHTS

By the Manitoba Judgment of 14 September 1990, the sons of Cornelius and Edith Day were recognized in law as being full brothers, over eighty years after their birth.

Jeddore in 1911 was a very isolated community. Land changed hands without proper registration and children were given homes without adoption papers. The law was the law, but to conform would cost money and the authorities were very distant. So understandings betweeen individuals became community acceptance and life went on as it always had. It is only when we of today try to put into legal terms the private agreements of those far off days that these dealings or understandings are called into question.

The search to prove Mylem Day and Roy Jennex were full brothers has brought into focus the side of our family to which I had only given random thoughts. My foster grandparents, Tom and Ada Jennex, were my grandparents, of my youth and always. But this search for identity has brought into focus, that is to mind, our blood grandparents. I grew up knowing the name 'Cornelius' as my Father's real father, but he was only a name, and never referred to as 'grandfather'.

Edith Day, my blood grandmother, was not even a name in my memory. Yet when Maureen and I started to focus our thoughts, we went to the Lower West Jeddore Cemetery, and there, right in front of us was Edith Day's grave with headstone. Here lay our grandmother.

We have the certificates which give us the times and places and thus document these lives, but what is missing is how the people moved and spoke, what were their thoughts and feelings ? What of the personal relationships which would make, these our relatives, living people ? The years have passed and with them so has gone the personal details of their lives. So many questions are unanswered !

Because of Mylem's mental state, he was not spoken of or discussed , certainly not with the next generation, that is we three. So although they are our Father and Uncle, Roy and Mylem, all we have to tie them together is the memory of a trunk and notes in a hospital.

It is difficult to imagine how much Roy and Mylem meant to each other. Their earlier relationship, before their father died, would have been probably no more than acquaintances or cousins. They lived on opposite sides of Jeddore Harbour, and may have seen each other occassionally.

After Cornelius died, when Mylem came to stay at Tom's, they would have gotten to know each other better. But we do not know how often Mylem visited, nor the duration of the visits.

It is definite that Mylem considered Roy his next-of-kin, as the hospital entries indicate. And it would appear that Roy considered himself as such as well.

We have no indication that Mylem's step-mother, Florence, either provided a home for Mylem, or even had a home of her own to provide. We do not know if she made an effort to act as Mylem's guardian or protector. As a widow with a young daughter who was a slow learner, she may have had enought to cope with in life. And as such, had no time to concern herself with Mylem, especially if Mylem's mental problems had begun to cause concern in those around him.

After 1930, when Roy was 19 and Mylem, 23, they never saw each other again. We can safely assume that Mylem had no information concerning his brother, and Roy's only contact was the occasional newspaper clippings. They lived their adult lives separately and obviously very differently.

Clarification of some names used :
Belle (Arabella Jane Jennex, nee Mills)
Mum (Arabella Jane Jennex, nee Mills)
Dad (Roy M Jennex)
Tom (Thomas P Jennex)
Ada (Ada L Jennex, nee Mitchell)
Gram (Ada L Jennex, nee Mitchell)
Maureen (Maureen JK Dowe, nee Jennex)
Aunt Mime (Jemima Couldwell)