Category: Mile-End

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

Aunt Amelia’s Ledger

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With additional research by Justin Bur

Some of my female ancestors are almost invisible. They got married, had children and left no other traces of their lives. But a few left paper trails such as letters, journals and drawings. My two-times great-aunt Amelia Josephine Bagg (1852-1943) was one of them. Married twice but with no children of her own, she became deeply involved in the family real estate business.

Amelia was the third of the five children (one boy, four girls) of Montreal landowner Stanley Clark Bagg (SCB) and his wife, Catharine Mitcheson Bagg. The children grew up in the family home, Fairmount Villa, near what is now the corner of Sherbrooke and St. Urbain streets. There, they had a big garden to play in and no doubt a nanny to care for them when they were little and a governess to educate them.

Unlike many women of her time and class, Amelia found the opportunity to use her education.

St. Urbain Street, corner Guilbault. These houses were built on land purchased from the Bagg family. Photo from Google Street View

SCB had inherited several large properties on the Island of Montreal, extended along the west side of St. Lawrence Street (now busy Boulevard Saint-Laurent). During his lifetime, this was agricultural land and, although he was trained as a notary, SCB made his income by leasing his properties to farmers.

He died unexpectedly at age 53, in 1873, when Amelia was just 21. SCB named his wife and her brother (who was a Philadelphia lawyer) as executors of his estate.1 Son Robert Stanley Bagg (RSB), a recent law graduate from McGill University, took on the responsibility of managing it. Over the years, the widowed Catharine and her daughters had a great deal of input into decisions about the estate, with Amelia being the daughter who took the greatest interest.    

Around the end of the century, Montreal grew rapidly. Business leaders developed new industries, founded banks and built railways, and immigrants arrived to fill newly created jobs. Property belonging to SCB’s estate could now be divided into lots and sold to people who wanted to build homes or invest in rental housing. Around 1890, some legal hurdles prevented the family from selling the most valuable properties, however, the family managed to resolve these problems. That will be a story for another time.

Ledger kept by Amelia Mulholland. McCord Stewart Museum. https://collections.musee-mccord-stewart.ca/internal/media/dispatcher/261758/preview p. 5

With these issues resolved, Amelia and her siblings divided up some of the land and became owners of lots that they could sell or buildings they could rent out themselves. Amelia became an independently wealthy woman.

She also developed an interest in the details of the family real estate business, keeping track of land prices, interest rates and other factors influencing real estate sales. In the fall of 1890,2 while her brother took his wife and children on an extended trip to England, Amelia coordinated decisions on new property sales. She wrote to ask for his advice and to bring him up-to-date on family news.3

Amelia’s letter to her brother, Robert Stanley Bagg. McCord Stewart Museum, Fonds Bagg, Correspondence, p. 43

“Fairmount, Nov. 6th

“My dear Brother,

“I thought I would write and tell you that we are about to sell some lots on the ‘Clark Estate’ but I do not know whether you will be quite satisfied or not. They are twelve lots on St. Urbain Street, from Guilbault St. down, and we are taking 50 cents “en bloc” for the twelve lots. I know that you said 60 cents per foot for single lots but as this is for twelve lots we thought perhaps it was better not to lose the sale.4 Bob said that you told him we could take less than the price named, and McMann said he was selling lots of Park Avenue for 45cts.7 I hesitated for a long time as I did not wish to make a sale that you would not approve, but Kate was in favor of selling, so also was Bob, and Helen and I did not know what to do….5

“Vipond has paid his interest today which I will deposit in Merchant’s Bank. Thomson has not yet paid but I had sent him another bill before hearing from you. Of course for the present all money both interest and capital will be deposited in the bank, but when you return we think it would be better for us to draw the interest and leave only the capital in the bank.….”

Much of the Bagg estate was still leased out to farmers at that time, and one day a month was reserved for tenants to deliver the rent. In the same letter, Amelia referred to this so-called reception day, but she was actually describing the arrival of her sister Mary Heloise Lindsay’s fifth child on Nov. 3, 1890. Mary and her husband Robert Lindsay lived at 436 St. Urbain. Amelia told her brother:“Fairmount, Nov. 6th:

“Kate and I made out the Nov. statements of rents due and gave the list to Bob so that when the people paid he could check them off. We were surprised at an unexpected arrival at 436 St. Urbain Street on Monday. It is true that is the reception day there now, but this particular visitor was not expected just then. It was a dear fat little girl! She arrived at 8 o’clock in the evening.”

Amelia also kept track of the sales of lots from the estate between 1890 and 1900 in a hardcover ledger with ruled pages. My mother eventually inherited that ledger. Her cousin had given numerous family letters, business records and other documents to the McCord Stewart Museum (a Montreal museum of social history) some years earlier, but my mother hung on to the ledger. After she died, I found it in a desk drawer in the spare bedroom.

When I started to research the Bagg family and their role in Montreal history, the ledger’s importance as a record of those land transactions became clear, so I donated it to the McCord.6 I hope Amelia would have approved.

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

See also:

Janice Hamilton, “Stanley Clark Bagg’s Four Forgotten Daughters,” Writing Up the Ancestors, Sept. 30,2017, https://www.writinguptheancestors.ca/2017/09/stanley-clark-baggs-four-forgotten.html

Janice Hamilton, “My Great-Great Aunts, Montreal Real Estate Developers,” Writing Up the Ancestors, Oct. 11, 2017, https://www.writinguptheancestors.ca/2017/10/my-great-great-great-aunts-montreal.html

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

Notes and Sources

  1. City of Philadelphia (Pennsylvania). Register of Wills Office; Wills, No 772-802, 1887, Ancestry.com. Pennsylvania, U.S., Wills and Probate Records, 1683-1993 [database on-line, entry for Catharine Mitcheson Bagg, accessed April 2, 2023], original data: Pennsylvania County, District and Probate Courts. This is a copy of the will that is very easy to read. It was probably copied in Philadelphia because McGregor J. Mitcheson, Catharine’s brother and an executor of SCB’s will, died in 1886. About a month after SCB’s 1873 death, notary J. A. Labadie deposited at the land registry office in Montreal a copy of the 1866 will and the 1870 codicil and a declaration of death. Bureau d’enregistrement Montréal-Ouest, no 74545, registered 6 September 1873; at Registre foncier du Québec, online.
  • 2. Amelia did not note the year on her letter, but we know it was written in written in 1890 because that was the year her niece Marjorie Mary Clark Lindsay was born. 
  • 4. RSB must have told them to hold out for the full price. The lots were not sold until the following year. On Nov. 18, 1891, real estate agent and furrier Robert Lamb purchased not just the 12 lots mentioned here, but an extended row of 22 lots, paying 60 cents a square foot.