Category: John Clark

Bagg Family Dispute part 1: Stanley Clark Bagg’s Estate

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Written by Janice Hamilton, with research by Justin Bur

Note: there were three generations named Stanley Bagg, so for the sake of brevity I use their initials: SCB for generation two, Stanley Clark Bagg, and RSB for generation three, Robert Stanley Bagg.

Be careful what you wish for, especially when it comes to writing a will and placing conditions on how your descendants are to use their inheritance. That was a lesson my ancestors learned the hard way.

It took a special piece of provincial legislation in 1875 and what appears to have been a family crisis before these issues were finally resolved many years later. 

The estate at the heart of these problems was that of the late Stanley Clark Bagg (1820-1873), or SCB. He had owned extensive properties on the Island of Montreal. Several adjacent farms, including Mile End Farm and Clark Cottage Farm, stretched from around Sherbrooke Street, along the west side of Saint Lawrence Street (now Saint-Laurent Boulevard), while three other farms extended along the old country road, north to the Rivière des Prairies. SCB had inherited most of this land from his grandfather John Clark (1767-1827).  Although he trained as a notary, SCB did not practise this profession for long, but made a living renting and selling these and other smaller properties.  

Stanley Clark Bagg, Montreal, QC, William Notman, #1-5660.1, McCord Stewart Museum

At age 52, SCB suddenly died of typhoid. In his will, written in 1866, he named his wife, Catharine Mitcheson Bagg (1822-1914), as the main beneficiary of his estate, to use and enjoy for her lifetime, and then pass it on to their descendants. He also made her an executor, along with his son Robert Stanley Bagg (RSB, 1848-1912). There were two other executors: Montreal notary J.E.O. Labadie and his wife’s brother, Philadelphia lawyer McGregor J. Mitcheson.

But SCB’s estate was large and complicated, and no one was prepared to handle it. RSB had recently graduated in law from McGill and was continuing his studies in Europe at the time of his father’s death. As for Catharine, she became involved in decisions regarding property sales over the years, but she must have felt overwhelmed at first.

Notary J.A. Labadie spent two years doing an inventory of all of SCB’s properties, listing where they were located, their boundaries, and when and from whom they had been acquired, but he did not mention two key documents. One of these was the marriage contract between SCB’s parents, the other was John Clark’s will.

In the marriage contract, John Clark gave a wedding present to his daughter, Mary Ann Clark (1795-1835), and her husband, Stanley Bagg (1788-1853): a stone house and about 22 acres of land on Saint Lawrence Street. Clark named the property Durham House. But it was not a straight donation; it was a substitution, similar to a trust, to benefit three generations: Mary Ann’s and Stanley’s child (SCB), grandchildren (RSB and his four sisters) and the great-grandchildren. Each intervening generation was to have the use and income from the property, and was responsible for transmitting it to the next generation. That meant SCB could not bequeath it in his will because his children automatically gained possession, and so on, with the final recipients being the great-grandchildren.

In his 1825 will, Clark had made an even more restrictive condition regarding the Mile End Farm. This time the substitution was intended to be perpetual “unto the said Mary Ann Clark and unto her said heirs, issue of her said marriage and to their lawful heirs entailed forever.”

This map shows the extent of the late Stanley Clark Bagg’s properties, shaded in beige, in 1875, when an inventory was made of his estate. These properties are overlaid over a modern map of the island of Montreal. At that time, the actual city of Montreal was south of Sherbrooke Street, extending down to the banks of the Saint Lawrence River. The eastern slope of Mount Royal is adjacent to the Mile End properties. 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.

Perhaps Clark imposed these conditions on his descendants for sentimental reasons. Durham House was his daughter’s family home, and Stanley Bagg had probably courted Mary Ann on the Mile End Farm while he was running a tavern there with his father. Or maybe Clark simply believed that these provisions would give the best financial protection to his future descendants. SCB must have thought this was a good idea because his will also included a substitution of three generations.

Clark and SCB did not foresee, however, that the laws regarding inheritances would change. In fact, the provincial government changed the law regarding substitutions a few months after SCB wrote his will. This new law limited substitutions to two generations. Meanwhile, when SCB died in 1873, no one seems to have remembered that the substituted legacies Clark had created even existed. 

John Clark, was SCB’s grandfather. He was a butcher and meat inspector, originally from County Durham, England, and moved to Montreal with his wife and daughter around 1797. Bagg family collection.

Real estate sales practices also changed over the years. Clark had written a codicil specifying that any lot sales from the Mile End Lodge property, where he and his wife lived and which he left to her, were subject to a rente constituée. The buyer paid the vendor an amount once a year (usually 6% of the redemption value), but it was like a mortgage that could never be paid off. In the early 1800s this had been a common practice in Quebec, designed to provide funds to the seller’s family members for several generations.

SCB similarly stipulated that nothing on the Durham House property could be sold outright, but only by rente constituée. By the time he died, some of the properties located near the city outskirts were becoming attractive to speculators and to people wanting to build houses or businesses, but the inconvenience of a rente constituée was discouraging sales. It became clear that the executors had to resolve the issue.

They asked the provincial legislature to pass a special law. On February 23, 1875, the legislature assented to “An Act to authorize the Executors of the will of Stanley C. Bagg, Esq., late of the City of Montreal, to sell, exchange, alienate and convey certain Real Estate, charged with substitution in said will, and to invest the proceeds thereof.” (According to the Quebec Official Gazette, this was one of about 100 acts that received royal assent that day after having been passed in the legislative session to incorporate various companies and organizations, approve personal name changes, amend articles in the municipal and civil codes, etc.)

This act allowed the executors of the SCB estate, after obtaining authorization from a judge of the superior court, and in consultation with the curator to the substitution, to sell land outright, provided that the proceeds were reinvested in real estate or mortgages for the benefit of the estate. In other words, the rente constituée was no longer required, and sales previously made by the estate were considered valid.

No more changes were made until 1889, when family members realized that part of SCB’s property actually belonged to his children, and not to his estate, and a family dispute erupted. The story of how they resolved this issue and remained on good terms will be posted soon.

This article is also posted on the collaborative family history blog Genealogy Ensemble, https://genealogyensemble.com

Notes and Sources:

I could not have written this article without the help of 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.

Documents referenced:

Mile End Tavern lease, Jonathan Abraham Gray, n.p. no 2874, 17 October 1810

Marriage contract between Stanley Bagg and Mary Ann Clark, N.B. Doucet, n.p. no 6489, 5 August 1819/ reg. Montreal (Ouest) 66032

John Clark will, Henry Griffin, n.p. no 5989, 29 August 1825

Stanley Clark Bagg will, J.A. Labadie, n.p. no 15635, 7 July 1866

Stanley Clark Bagg inventory, J.A. Labadie, n.p. no 16733, 7 June 1875

Quebec legislation: 38 Vict. cap. XCIV, assented to 23 February 1875

See also:

Janice Hamilton, “Stanley Clark Bagg’s Early Years,” Writing Up the Ancestors, Jan. 8, 2020, https://www.writinguptheancestors.ca/2020/01/stanley-clark-baggs-early-years.html

Janice Hamilton, “John Clark, 19th Century Real Estate Visionary,” Writing Up the Ancestors,   May 22, 2019, https://www.writinguptheancestors.ca/2019/05/john-clark-19th-century-real-estate.html

John Clark, 19th Century Real Estate Visionary

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Clark Street in Montreal’s Mile End neighbourhood features two-storey row houses, most of them red brick or grey stone, set back a few feet from the sidewalk. Two hundred years ago, this now densely populated street was just a gleam in the eye of my four-times great-grandfather John Clark (1767-1827), who owned that land. Today, Clark Street looks remarkably similar to the way he envisioned it.

Mile End Lodge

John must have foreseen that his farmland would someday get swallowed up by the expanding city. He wanted to see it developed properly, and he wanted his descendants to profit from it. Thus, he carefully outlined his development vision in his last will and testament.

A native of County Durham in northeast England, John Clark1 immigrated to Montreal with his wife, Mary Mitcheson, and their young daughter around 1797 and he became a butcher and an inspector of beef and pork.

He probably had a nest egg of cash because he soon bought property here. In 1799, he purchased a property on Montreal’s La Gauchetière Street. Perhaps the Clark family lived there. When he sold it 11 years later, the deeds showed it to be a double lot including two houses and several other buildings..2

Between 1804 and 1814, John purchased several neighbouring farms north of the city limits of Montreal.3 He purchased these properties from French Canadian farmers, then named them Mile End Farm, Blackgate Farm and Clark Cottage Farm.  The land, including several houses, barns, stables and outbuildings, was on the west side of Saint Lawrence Street, now known as Saint-Laurent Boulevard and one of the city’s major arteries. At the time, this was the main road to the countryside, leading past the eastern flank of Mount Royal to the Rivière des Prairies on the north side of Montreal Island.

The area was rural, consisting primarily of fields of wheat, oats and peas, as well as pastureland, fruit orchards and woodlots. Both John and Mary had grown up in rural England, so they preferred to live in the countryside rather than in the crowded city. The Clarks’ grey stone house, called Mile End Lodge, was built around 1815 on Saint Lawrence Street, between what are now Bagg and Duluth streets. They had few neighbours: most Montrealers, especially recent immigrants from Britain like them, lived in town.

Land ownership was important. It conferred social status, it carried the right to vote, and land was a financial tool, commonly used as security for loans. I do not know for sure why John purchased so much land, but even in the short term, it was a smart decision: the soil was fertile and the area was close to the city, where there was a growing demand for meat and produce.

John probably wanted to graze his own cattle on that land, and to grow timothy hay for them. Meanwhile, in 1816, he placed an advertisement in the Montreal Herald saying he was willing to pasture cattle on his property for between eight and 10 shillings per cow.4

John probably collected rental income from these farms. It was not uncommon for members of the city’s elite, and for skilled tradesmen such as John, to purchase land and rent it to local farmers. He went one imaginative step further and, in 1810, leased a two-storey house on the Mile End Farm to father and son Phineas and Stanley Bagg to operate as a tavern.5 The building was located at a major intersection on St. Lawrence Street, so it was in an excellent location for thirsty travellers. 

Phineas and Stanley ran the Mile End Tavern until 1818. The following year, Stanley married John’s daughter, Mary Ann. As a wedding present, John gave them a lot on St. Lawrence Street, including a two-storey house he named Durham House, that he had purchased in 1814.6

John may have had an emotional attachment to the Mile End Farm and Durham House, but he certainly saw his land as a long-term investment. The population of Montreal had increased from about 6000 in 1780 to 20,000 in 1820, and he foresaw this area would eventually be developed.  

In 1825, at age 58, John wrote his will, leaving his properties to Mary Ann and to his young grandson, Stanley Clark Bagg.7 

Plan for proposed subdivision of a part of Mile End Farm. The names of modern streets have been superimposed on this diagram; computer graphics by Justin Bur. 

He added a codicil a few months later that included a plan for housing lots on St. Lawrence Street and on the yet to be created Clark Street, one block west. He specified that the lots should be 44 feet wide by 90 feet deep, and that the buildings should be built of stone or brick and set back from the road.8

John’s codicil also specified that the sale of the lots were subject to a rente constituée, meaning that, in addition to the initial cost of the property, the buyer was to pay the vendor an amount every year, usually about 6% of the property’s value. This was a common practice in Quebec, designed to provide funds to the seller’s family members for several generations. However, when Clark Street was finally developed decades after John’s death, buyers were not interested in this old-fashioned practice and the rente constituée was eliminated.9

Meanwhile, most of the property lines and all of the street rights-of-way shown on the plan in John’s will are still in effect today. Also, the specifications for building quality were respected, and similar conditions were imposed by neighbouring landowners.

See also:

“Mile End Tavern,” Writing Up the Ancestors, Oct. 21, 2013, https://www.writinguptheancestors.ca/2013/10/the-mile-end-tavern.html

“A Home Well Lived In”, Writing Up the Ancestors, Jan. 21, 2014, https://www.writinguptheancestors.ca/2014/01/a-home-well-lived-in.html  

“John Clark, of Durham, England,” Writing Up the Ancestors, May 29, 2014, https://www.writinguptheancestors.ca/2014/05/john-clark-of-durham-england.html

“A Freehold Estate in Durham,” Writing Up the Ancestors, May 3, 2019, https://www.writinguptheancestors.ca/2019/05/a-freehold-estate-in-durham_92.html

Notes and Sources:

  1. John Clark is usually identified as an inspector of beef and pork. There was another John Clark, a master butcher, living in Montreal at the same time. That John Clark made a will in 1804, while my John Clark made a first will in 1810 and a final one in 1825.
  2. Thomas Barron, notarial act #2876, “Deed of sale John Clark to William Scott,” 18 Oct. 1810, BAnQ.
  3. These properties are listed in John Clark’s will, (Henry Griffin, notarial act #5989, “Last Will and Testament of Mr. John Clark of Montreal,” 29 August 1825, BAnQ) and in the inventory of his grandson’s estate (Joseph-Augustin Labadie, notarial act #16733, “Inventory of the Estate of the Late Stanley Clark Bagg Esq.” 7 June, 1875, BAnQ.)
  4. Jennifer L. Waywell, “Farm Leases and Agriculture on the Island of Montreal 1780-1820,” Dept. of History, Faculty of Graduate Studies and Research, McGill University, 1989, p. 88; https://central.bac-lac.gc.ca/.item?id=TC-QMM-59553&op=pdf&app=Library(accessed May 14, 2019)
  5. J.A. Gray, notarial act, “Lease for five years John Clark to Phineas and Stanley Bagg,” 17 Oct. 1810, BAnQ.
  6. The marriage contract is attached to records for lot 110, Saint-Laurent Ward, Montreal, p. 395, Registre foncier du Québec online database.
  7. Henry Griffin, notarial act #5989, “Last Will and Testament of Mr. John Clark of Montreal,” 29 August 1825, BAnQ
  8. Clark Street as laid out in the plan attached to John’s codicil ran from just south of the city limits (Bagg St. near Duluth) to Saint Catherine Road (now Mont-Royal Ave). Clark Street was developed in segments throughout the 19th and 20th centuries, with the first part, around Mile End Lodge, subdivided in 1873. In the early days, a section of Clark Street was called Mitcheson Street (Mitcheson was John’s wife’s name), but by 1912, it became Clark Street along its length. 
  9. The rente constituée was often used in France, England and French Canada. In those days, there was no modern money-lending system, so people could rent land for an annual sum. The borrower/purchaser could redeem the rent, however, the capital value of the property was not reduced by previous rent payments. John Clark and his grandson Stanley Clark Bagg complicated things by using testamentary substitutes to require that their real estate be subject to such arrangements far into the future. Their wills specified that the actual beneficiary was three generations down, while the intervening generations were responsible for keeping the estate in good shape for their children. When the Bagg and Clark properties were subdivided in the late 19th century, the Quebec legislature passed an act to end the substitution.

Image Credits:

Mile End Lodge, watercolour by John Hugh Ross, copyright Stewart Museum, 1970, 1847
Plan attached to codicil to the last will and testament of John Clark, December 1825, BAnQ, CN601 S187.

Further Reading:

Justin Bur, Yves Desjardins, Jean-Claude Robert, Bernard Vallee and Joshua Wolfe, Dictionnaire Historique du Plateau Mont-Royal, Montreal, Les Éditions Écosociété, 2017. Yves Dejardins,Histoire du Mile End, Québec: Les éditions du Septentrion, 2017.

Justin Bur, “À la recherché du cheval perdu de Stanley Bagg, et des origins du Mile End,” Joanne Burgess et al, Collecting Knowledge: New Dialogues on McCord Museum Collections, Montreal: Éditions MultiMondes, 2015.

Philippe Du Berger’s flickr collection of historic photos and maps of Montreal, this page focusing on Clark Street, https://www.flickr.com/photos/urbexplo/albums/72157627738146558

Sherry Olson and Patricia Thornton, Peopling the North American City, Montreal 1840-1900. Montreal: McGill-Queens University Press, 2011.

Alan M. Stewart, “Settling an 18th-Century Faubourg: Property and Family in the Saint-Laurent Suburb, 1735-1810,” Dept. of History, Faculty of Graduate Studies and Research, McGill University, 1988, http://digitool.Library.McGill.CA:80/R/-?func=dbin-jump-full&object_id=64109&silo_library=GEN01 (accessed May 20, 2019).

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