Category: Durham House

The Bagg Family Dispute, part 2

by

in collaboration with Justin Bur

When my great-great grandfather Stanley Clark Bagg died in 1873, his wife and five children inherited large tracts of farmland on the island of Montreal, land that they made a family business of selling.1 But misunderstandings over who owned what and how to keep track of the income created a lot of difficulties. 

Stanley Clark Bagg (I usually refer to him as SCB to differentiate him from his father, Stanley Bagg, and his son, Robert Stanley Bagg,) had inherited most of this property from his grandfather John Clark (1767-1827).2 But there were conditions attached to some of these bequests: Clark’s 1825 will stated that land that comprised the Durham House property, and land comprising Mile End Farm, should pass down through three generations of descendants before it could be sold. The legal term for this, in civil law, is a substitution. However, a change in the law, passed in 1866, limited substitutions to two generations.3 That meant that the generation of Robert Stanley Bagg and his sisters Katharine, Amelia, Mary and Helen were the last generation affected by the substitutions and they could do what they liked with these properties.

The substitution clause referring to Durham House was part of the 1819 marriage contract between SCB’s parents, in which John Clark gave that property to his daughter as a wedding present.4 (It is shown in dark green on the map below.)

Robert Stanley Bagg, # II-57308.1, 1880, Notman & Sandham, McCord-Stewart Museum; Bagg family collection

When SCB died at age 53, none of his family members was ready to manage these properties. His only son, Robert Stanley Bagg, or RSB, (1848-1912) had recently graduated in law, but he had no experience in renting or selling properties. Furthermore, neither the notary who completed the inventory of SCB’s estate in 1875,5 nor SCB’s widow, nor his children were aware of the substitutions. The Durham House and Mile End Farm properties were treated as though they were no different than the other properties belonging to the late SCB’s estate.

The 22-acre Durham House property (lots 19–28 and 101–115, cadastre of the Saint-Laurent ward) was located north of Sherbrooke Street, on the west side of today’s Saint-Laurent Boulevard. SCB had subdivided part of it and sold lots from it as early as 1846. In 1889, RSB, who was an executor of his father’s estate, subdivided the Upper Garden of Durham House (lot 19, Saint-Laurent ward) and began to sell those lots. He signed the property documents as “R. Stanley Bagg for the estate,” and his mother, Catharine Mitcheson Bagg, also signed.

But the Durham House property actually belonged jointly to the five Bagg siblings. It was not part of SCB’s estate, and his widow could not inherit this land, sell lots from it or acquire income from it. Yet that is what she did: the name Dame Catharine Mitcheson, widow of Stanley Clark Bagg, appeared on five deeds of sale in 1889.  

It is not clear who discovered the error, but perhaps someone close to the Bagg family took a good look at the property documents and noticed these details. SCB’s middle daughter, Amelia Bagg, was to marry Joseph Mulholland the following year, and he worked as a real estate agent for the Stanley Clark Bagg Estate. Also, Joseph’s brother-in-law, John Murray Smith, was about to purchase several of the Durham House lots. Any one of these people could have discovered the marriage contract and John Clark’s will, which SCB had registered at the provincial land registry office.6

As soon as they became aware of the situation, the Bagg siblings tried to remedy it with a notarized document called a Ratification.7 It said that, as the actual owners, they ratified and approved the five sales made by their mother. A few weeks later, in January and April of 1890, the Bagg siblings sold five lots to John Murray Smith and four to James Baxter, and this time, the vendors named in the deeds were correct.

This map shows details of several of the late Stanley Clark Bagg’s properties in 1875, when an inventory was made of his estate. Durham House and its upper garden, as well as a small part of the Mile End Farm and SCB’s home, Fairmount Villa, are overlaid over a modern map of the island of Montreal. Mile End Lodge had been John Clark’s home. At that time, the densely populated part of Montreal was south of Sherbrooke Street. Mount Royal Park, opened in 1876, is on the left. Map created by Justin Bur, based on two open data sources: physical geography from CanVec, Natural Resources Canada and modern streets from Geobase, City of Montreal.

Next, Catharine and her five children took a step to sort out the income from lots from the Durham House property that SCB had sold in his lifetime. They did not involve a notary, but tried to look after the issue as a family, signing a document called an Indenture on May 12, 1890.8

The indenture stated that neither Catharine nor her children had known about the marriage contract until December, 1889. The Bagg children (by now all were adults) declared the love and affection they had for their mother and their desire to settle the matter amicably, and released her from all claims and demands. For her part, Catharine agreed to repay to her children the capital sums she had received from the sale of these properties. Because she had paid taxes and expenses on them, the children made no claim for the interest payments she had received.

Action Demanded

No doubt confident that everything had been resolved, RSB took his wife and two young daughters on an extended trip to England, leaving his mother and sisters to handle offers for land sales during his absence. After his return, however, the family dispute blew up once more, this time over the Mile End Farm property. Two of the married sisters, Katharine Sophia Mills and Mary Heloise Lindsay, hired a notary to represent their interests.

Notary Henry Fry sent a complaint on their behalf to the three living executors of SCB’s will — Catharine Mitcheson Bagg, Robert Stanley Bagg and notary J.E.O. Labadie – demanding immediate action. Dated July 22, 1891 and titled Signification and Demand,9   this document stated that the executors of SCB’s will were bound, upon his death, to deliver over the Durham House and Mile End Farm properties to his children, and to produce an account of the administration of these properties.

Catharine Mitcheson Bagg, #71147, 1883, Wm. Notman & Son, McCord-Stewart Museum; Bagg family collection.

It stated that the executors “have wholly failed and neglected to render such account, but on the contrary, have, since the death of the said Stanley Clark Bagg, continued in possession of the said substituted property and have even sold and alienated portions thereof and have received the consideration money of such sales and have received and retained the entire revenues therefrom and that although they have been recently requested to render such account, the said executors have neglected and refused to do so.”

The executors had until August 10 to provide an account of the property belonging to the substitutions. They must have met this demand because no further complaints have turned up. Furthermore, the Bagg siblings seem to have found a better solution to their dilemma: they partitioned the Durham House property and sold a large chunk of the Mile End Farm.

In September 1891, the remaining unsold lots of the Durham House property were grouped into five batches, and the five siblings pulled numbers out of a hat to determine who got which ones.10 They could then sell these lots, or keep them, as they pleased.

Two months later, the five siblings sold 145 arpents of land, including most of the Mile End Farm and a section of the adjoining Black Gate Farm, to Clarence James McCuaig and Rienzi Athel Mainwaring,11 These Toronto land developers had plans to develop an exclusive housing development they called Montreal Annex in the area.12

As for keeping track of property sales, Amelia, the middle Bagg sibling who was now married to Joseph Mulholland, took on that responsibility. Starting in 1892, she kept a ledger in which she wrote down the dates, names of purchasers and prices paid for each of the lots that were part of the Mile End Farm and Durham House properties.13

This article is also posted on the collaborative blog https://genealogyensemble.com.

See also:

Janice Hamilton, “Bagg Family Dispute Part 1: Stanley Clark Bagg’s Estate”, Writing Up the Ancestors, Dec. 13, 2023, https://www.writinguptheancestors.ca/2023/12/bagg-family-dispute-part-1-stanley-clark-baggs-estate.html

Janice Hamilton, “Aunt Amelia’s Ledger” Writing Up the Ancestors, April 26, 2023,  https://www.writinguptheancestors.ca/2023/04/aunt-amelias-ledger.html

Janice Hamilton, “Stanley Clark Bagg’s Family”, Writing Up the Ancestors, Feb. 29, 2020,  https://www.writinguptheancestors.ca/2020/02/stanley-clark-baggs-family.html

Janice Hamilton, “My Great-Great Aunts, Montreal Real-Estate Developers”, Writing Up the Ancestors, October 11, 2017, https://www.writinguptheancestors.ca/2017/10/my-great-great-great-aunts-montreal.html Janice Hamilton, “A Home Well Lived In”, Writing Up the Ancestors, Jan. 21, 2014,https://www.writinguptheancestors.ca/2014/01/a-home-well-lived-in.html

Notes:

The Indenture, the Deed of Ratification and several other documents mentioned in this article were donated to the archives of the McCord Stewart Museum in Montreal around 1975 by my cousin.

This article was written in collaboration with urban historian Justin Bur. Justin has done a great deal of historical research on the Mile End neighbourhood of Montreal (around Saint-Laurent Blvd. and Mount Royal Ave.) and is a longtime member of the Mile End Memories/Memoire du Mile-End community history group (http://memoire.mile-end.qc.ca/en/). He is one of the authors of Dictionnaire historique du Plateau Mont-Royal (Montreal, Éditions Écosociété, 2017), along with Yves Desjardins, Jean-Claude Robert, Bernard Vallée and Joshua Wolfe. His most recent article about the Bagg family is La famille Bagg et le Mile End, published in Bulletin de la Société d’histoire du Plateau-Mont-Royal, Vol. 18, no. 3, Automne 2023.

Sources:

  1. Stanley Clark Bagg will, J.A. Labadie, n.p. no 15635, 7 July 1866
  2. John Clark will, Henry Griffin, n.p. no 5989, 29 August 1825
  3. In 1866 the government of Lower Canada enacted the Civil Code. This was a compilation and revision of the civil law inherited from the French regime; article 932 of the code put a two-generation limit on substitutions.
  4. Marriage contract between Stanley Bagg and Mary Ann Clark, N.B. Doucet, n.p. no 6489, 5 August 1819
  5. Stanley Clark Bagg inventory, J.A. Labadie, n.p. no 16733, 7 June 1875
  6. John Clark’s will and the marriage contract between Stanley Bagg and Mary Ann Clark are still publicly available at the Registre foncier du Québec. John Clark’s will had been transcribed there in 1844 (Montréal ancien #4752). The marriage contract (Montréal Ouest #66032) was transcribed in 1872. SCB’s will was transcribed into the register (Montréal Ouest #74545) in 1873.
  7. Deed of Ratification, Adolphe Labadie, n.p. no 2063, December 12, 1889, register Montreal Est #25109, McCord Stewart Museum (P070/66,3) This notary was a son of notary J.E.O. Labadie, who was an executor of the will, and grandson of notary J.A. Labadie, who had handled SCB’s will and the inventory of his estate.
  8. Indenture, May 12, 1890, McCord Stewart Museum (P070/B6,3).
  9. Signification and Demand, Henry Fry, n.p. no. 2234, 22 July 1891, McCord Stewart Museum (P070/B6,3).
  10. Deed of Partition, John Fair, n.p no 3100, Sept. 10, 1891, register Montreal Est #29503, McCord Stewart Museum (P070/B8,4).
  11. Deed of Sale, William de Montmollin Marler, n.p. #17571, 20 November, 1891, register Hochelaga-Jacques-Cartier #40225
  12. Justin Bur, Yves Desjardins, Jean-Claude Robert, Bernard Vallée, Joshua Wolfe, Dictionnaire historique du Plateau Mont-Royal (Montreal, Éditions Écosociété, 2017), p 271.
  13. Amelia Josephine Bagg Mulholland, Grand livre, 1891-1927, McCord Museum, Fonds Bagg, P070/B07,1. https://collections.musee-mccord-stewart.ca/en/objects/293626/a-j-mulholland-ledger (accessed April 3, 2023)

Stanley Clark Bagg’s Early Years

by

Introduction:

In 2015, I wrote a blog post clarifying and correcting the article about my great-great-grandfather Stanley Clark Bagg (1820-1873) that appears in the Dictionary of Canadian Biography (DCB). (See “Don’t Believe Everything You Read About Stanley Clark Bagg,” Writing Up the Ancestors, Dec. 2 2015, https://www.writinguptheancestors.ca/?p=127)   Since then, the DCB has corrected the online version of this biography. (See “Stanley Clark Bagg,” Dictionary of Canadian Biography,http://www.biographi.ca/en/bio/bagg_stanley_clark_10E.html) 

Over the coming weeks, I plan to post a series of stories about Stanley Clark Bagg, expanding on aspects of his life such as  his interest in coins and antiquities, his career as a notary and landowner, and his love of travel. In these articles, I refer to Stanley Clark Bagg as SCB to differentiate him from his father, Stanley Bagg (1788-1853,) and from his son, Robert Stanley Bagg (1844-1912).

Durham House, Saint Lawrence Street, Montreal, where SCB grew up (painting, 1891, by John Hugh Ross; McCord Museum, M980.184.1.34)

Most young people spend a long time deciding what they want to be when they grow up. The career of Stanley Clark Bagg (SCB), however, was determined long before he was born.

SCB was destined to become a large landowner on the Island in Montreal, thanks to the foresight of his grandfather. John Clark, a butcher, had immigrated to Canada in the late 1790s and purchased several adjoining farms along the west side of Saint Lawrence Street, the road that led out of the old city gates and past Mount Royal to the north shore of the Island of Montreal. Clark also had property in Durham, England, where he originated.

When Clark died in 1827, he left some of property to his daughter, Mary Ann (Clark) Bagg, but he left most of his estate to SCB, his only grandchild.1 SCB was just seven years old when Clark died, and everyone knew that he would one day be an important landowner. He spent his youth preparing for his future responsibilities as a landlord and a gentleman. For many people whose ancestors had settled in Canada, or who had themselves immigrated to North America in the 19th century, owning land was their greatest dream, so property brought social status, as well as having monetary value. SCB was set for life.

Stanley Clark Bagg, 1863

Unfortunately, being a landowner wasn’t what he really wanted to do. According to grandson Stanley Bagg Lindsay, SCB wanted to be an Anglican minister. “SCB was a very religious man and I understand would have entered the ministry, but for the fact that would have entailed leaving Montreal, where there was no theological college, and going to Lennoxville, where theology could be studied at the University of Bishops College. With all his property interests in Montreal and getting married in 1844, it was not possible to be away from Montreal for so long.”2

Fortunately, SCB would have the means and the time to read, write (including articles, poetry and hymns,) travel, engage in hobbies and support philanthropic organizations.  Stanley Clark Bagg was born on Dec. 23, 1820, the son of American-born merchant Stanley Bagg and his English-born wife, Mary Ann Clark (1795-1835.)3 He grew up at Durham House on St. Lawrence Street, just outside of what was then the small city of Montreal.

SCB probably grew up playing in his father’s orchard and learning to ride a horse – a necessary skill in those days. He was educated by an Anglican minister and later studied at McGill, then just a small college. A hired farm hand would have looked after the cows, chickens and other animals at Durham House, but perhaps SCB was also required to do some farm chores.

On Feb 10, 1835, when SCB was 14, his mother died. His father never remarried, although he probably hired a housekeeper to cook and help look after young Stanley. Soon after Mary Ann’s death, Stanley senior met with a group of friends and relatives in front of a judge to choose a tutor, or guardian, for the boy. Stanley was named his son’s tutor and Gabriel Roy, husband of Stanley’s sister Sophia, became sub-tutor.4 Stanley also acted as executor of both John Clark’s and Mary Ann’s wills, so he managed the properties and SCB’s funds until his son turned 21.

Two years after Mary Ann’s death, Lower Canada faced a serious crisis as some moderate French Canadian nationalists and members of a more radical group known as the Patriotes took up arms in a rebellion. Their main demand was for more responsible government. Troops from the regular British army, joined by members of the local volunteer militia, prepared to defend the status quo.

Lithograph of the Battle of Saint-Eustache

SCB’s father was a major in the 1st Batallion Loyal Montreal Volunteers5 and SCB served as a standard-bearer at the Battle of St. Eustache.6 About two weeks before his 17thbirthday, SCB witnessed the bloodiest battle of the rebellion in the village of Saint-Eustache, northwest of Montreal. Fought in December 1837, this battle resulted in the deaths of 100 rebels, and many buildings in the area were destroyed by fire.

What SCB thought about these events has not been recorded, but he continued to participate in the militia for more than 20 years, going on inactive status in 1859 with the rank of captain.7

At about age 16, SCB started to train to be a notary, probably following the advice of his father or other influential adults in his life. Notaries played an important role in Quebec society, recording people’s wills, marriage contracts, business agreements, disputes (especially when money was owed) and, most important for SCB, property deeds and rentals. As a notary, SCB would be familiar with the laws pertaining to property transfers.

He served a four-year apprenticeship with notary W.S. Hunter and, in August 1841, his father indentured him for a final eight months to N.B. Doucet, a well-known Montreal notary.8 Doucet undertook to instruct him, give him access to books and render him fit to serve as a notary, while SCB undertook to apply himself. By the spring of 1842, he was a notary.9

SCB finished his apprenticeship a few months after he turned 21. As an adult, he could now manage his inheritance, collecting the rent for the farms he owned and buying and selling properties. Perhaps he also started to think about marriage. First, though, he and his father went on a trip to England to wind up some business.

Photo Credit: Photo of Stanley Clark Bagg, 1863, by William Notman, copyright McCord Museum

See also:

Janice Hamilton, “John Clark, 19th Century Real Estate Visionary” Writing Up the Ancestors, May 22, 2019,  https://www.writinguptheancestors.ca/?p=52

“A Home Well Lived In” Writing Up the Ancestors, Jan. 21, 2014, https://www.writinguptheancestors.ca/?p=181

Mary Ann (Clark) Bagg, Writing Up the Ancestors, Nov. 29, 2013, https://www.writinguptheancestors.ca/?p=187

The Life and Times of Stanley Bagg, Writing Up the Ancestors, Oct. 5, 2016 https://www.writinguptheancestors.ca/?p=108

Sources:

  1. Henry Griffin, notarial act #5989, “Last Will and Testament of Mr. John Clark of Montreal,” 29 August 1825, Bibliothèque et Archives nationales du Québec (BAnQ);  and George Dorland Arnoldi, notarial act # 3842,  “Last Will and Testament of Mrs. Mary Ann Clark, wife of Stanley Bagg,” 10 December 1834, BAnQ
  2. Unsigned, undated (probably Stanley Bagg Lindsay), “Stanley Clark Bagg,” Lindsay family collection.
  3. Stanley Clark Bagg, born Dec. 22, 1820; baptized Christ Church Cathedral, Montreal, July 2, 1822. Institut Généalogique Drouin; Montreal, Quebec, Canada; Drouin Collection; Author: Gabriel Drouin, comp.,Quebec, Canada, Vital and Church Records (Drouin Collection), 1621-1968 [database, Ancestry.ca:  on-line]. (Accessed 23 Dec. 2019) entry for Stanley Clark Bagg, citing Gabriel Drouin, comp. Drouin Collection. Montreal, Quebec, Canada: Institut Généalogique Drouin.
  4. Although Lower Canada was a British colony at the time, it retained many legal traditions, including this one, stemming from the French Regime. “Tutorship: minor Stanley Bagg” BAnQ microfilm #1857, Tutelles, 5 Decembre 1834 au 20 Mars 1835, Document 174 – 27 Feb. 1835.
  5. Elinor Kyte Senior, Redcoats and Patriots: The Rebellions in Lower Canada. 1837-38, p 214, Stittsville, ON: Canada’s Wings, Inc., 1985.
  6. Pierre B. Landry, “BAGG, STANLEY CLARK,” in Dictionary of Canadian Biography, vol. 10, University of Toronto/Université Laval, 2003–, accessed December 24, 2019, http://www.biographi.ca/en/bio/bagg_stanley_clark_10E.html.
    To learn more about the role of the militia in the British colony of Lower Canada, see Brian Young, “The Volunteer Militia in Lower Canada, 1837-1850,” Power, Place and Identity: Studies of Social and Legal Regulation in Quebec, edited by Tamara Myers, Kate Boyer, Mary Anne Poutanen, and Steven Watt, 37–54. Montreal: Montreal History Group, 1998. http://web.archive.org/web/20041107171328/http://www.ghm-mhg.mcgill.ca/publications/ppi/young.html
  7. “List of Officers of the Sedentary militia of Lower Canada, 1862,” database, Ancestry.com (http://www.ancestry.ca: accessed Dec. 23, 2019), entry for Stanley C. Bagg, citing List of Officers of the Sedentary militia of Lower Canada, 1862, Quebec: S. Derbyshire and G. Desbarats, 1863.
  8. Joseph-Hilarion Jobin, “Indenture of Stanley C. Bagg to N.B. Doucet,” notarial act #2977, 23 Aug 1841, Bibliothèque et Archives nationales du Québec; abstract by Sherry Olson. 
  9. Library and Archives Canada, The Canada Gazette, database, (entry for Stanley Clark Bagg; accessed Jan. 7, 2020). citing The Canada Gazette, no. 37, Published by Authority, Kingston, June 11, 1842, p. 326. http://www.collectionscanada.gc.ca/databases/canada-gazette/093/001060-119.01-e.php?image_id_nbr=945&document_id_nbr=1699&f=p&PHPSESSID=j1au0sblq8sejaol266jar2vp4