Tag: rente constituée

John Clark, 19th Century Real Estate Visionary

by

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

My great-great aunts, Montreal real estate developers

by

When Montreal landowner Stanley Clark Bagg (1820-1873) wrote his will in 1866, he tried to ensure that his wife, son and four daughters would be financially secure after his death. In this concern he was similar to many 19th-century Montreal husbands and fathers, 1although he was in a better financial situation than most to make sure that this happened. He probably would have been surprised, however, to discover how his widow and daughters became actively involved in the family business.  

Stanley Clark Bagg (henceforth referred to as SCB)2inherited extensive properties on the Island of Montreal from his grandfather John Clark.3 During his lifetime, he made money by leasing and selling that land. He planned his will so that these properties would generate income for three generations of his family. The will stipulated that, when lots from his Estate were sold, the new owner would have to pay a rental fee (called a rente constituée in French) on an ongoing basis. 4 These sums would benefit his widow, children and grandchildren.

However, society was changing in Montreal and rente constituée was an old-fashioned idea. Property laws in the province of Quebec were modernizing, especially after 1840 when the seigneurial system of land ownership that dated back to colonial New France disappeared on the Island of Montreal.

SCB’s family quickly realized that the rente constituée made land from the Bagg Estate less desirable than property that was not encumbered by such costs. In 1875, the provincial government passed legislation that allowed his descendants to sell the land freehold, without any obligations.5  

This proved to be a wise move. At the time of his death in 1873, land belonging to the Bagg Estate was too far north of the actual city of Montreal to be highly desirable. It was located between the eastern slope of Mount Royal and the west side of Saint Lawrence Street (today’s Saint-Laurent Boulevard) north of Sherbrooke Street. By the early 1890s, the city’s suburbs were expanding and land belonging to the Estate of the late Stanley Clark Bagg began to be subdivided into residential lots.6 

When his father died, son Robert Stanley Bagg (1848-1912) was just 25 years old and a newly graduated lawyer. He was suddenly thrust into the role of administrator of the Bagg Estate: effectively head of the family real estate company. In this role he seems to have relied to a great extent on the advice of his widowed mother, Catharine Mitcheson Bagg (1822-1914). Her brother McGregor J. Mitcheson, a Philadelphia lawyer, was an executor of SCB’s will and probably also provided advice. 

One complication was that all five siblings were co-owners of the Durham House property where SCB had grown up. In 1891 they partitioned that property and each of the siblings became sole owner of a portion of the lots that had not already been sold off.7 Each sibling was then free to sell these lots.8  

Each of SCB’s daughters signed a marriage contract when she married, making her property separate from her husband’s, however, a woman was required to have her husband’s consent when she signed a business document. For example, in 1897, a notarized lease began, “Dame Helen F.M. Bagg, wife separate as to property of Albert E. Lewis, real estate agent, and by her said husband party hereto present duly authorized …. “ 9

Miss Amelia Bagg, 1880

All four of the daughters developed an interest in the family real estate business that their brother was managing. They sometimes discussed which lots to sell, when and for how much. For example, in 1898, Katharine (Bagg) Mills wrote her brother: “Dear Stanley, I have seen my sisters and I think we all agreed that it would be well to sell the Villeneuve property if possible. The price to be asked, twenty five thousand dollars.”10

SCB’s widow was also still involved in decisions about the Bagg Estate some 27 years after his death. In 1900, Robert Stanley Bagg decided to retire from administering the estate. In response, Catharine Mitcheson Bagg wrote her son: “Dear Stanley, Acting upon your suggestion, I requested a family council and the Mills kindly invited all concerned to a little dinner…. We all came to conclusion that if McIntosh would accept the office of administration Bagg Estate, he would be the best man.”11 She went on to say that she planned to invite Mr. McIntosh to her house for a personal interview.

But the family member who demonstrated the most longstanding interest in the family’s real estate business was daughter Amelia Bagg (1852-1943), wife of 1) Joseph Mulholland and 2) Rev. John George Norton. She started a ledger in 1891 to keep track of lots that had originally belonged to John Clark’s Estate, including Mile End Farm and the Durham House property, as well as other parts of her late father’s estate.12 She quietly recorded property sales, prices and interest payments for 36 years.

Photo credit:

Miss A. J. Bagg, Montreal, QC, 1880, Notman & Sandham, 1880, II-58525.1, McCord Museum

Notes:

  1. Bettina Bradbury. Wife to Widow. Lives, Laws and Politics in Nineteenth-Century Montreal. Vancouver: UBC Press, 2011, p. 169. 
  2. I refer to Stanley Clark Bagg as SCB in order not to confuse him with his father, Stanley Bagg (1788-1853), or his son, Robert Stanley Bagg (1848-1912).
  3. Henry Griffin, “Last Will and Testament of Mr. John Clark of Montreal,” 29 August, 1825, # 5989, Bibliothèque et Archives nationales du Québec. 
  4. Joseph-Augustin Labadie, “Last Will and Testament of Stanley Clark Bagg, Esquire,” 7 July 1866, #156785. Bibliothèque et Archives nationales du Québec.
  5. “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 with substitution in said will, and to invest the proceeds thereof.” Statuts de la province du Québec, 38 Victoria 1875, p. 474-477. 
  6. Yves Desjardins, Histoire du Mile End. Quebec: Septentrion, 2017. 
  7. John Fair, “Deed of Partition between Robert Stanley Clark Bagg and Dame Katharine S. Bagg, wife of Reverend William L. Mills, et al”, 10 Sept. 1891, #3100, McCord Museum, Bagg Family Fonds, B070/
  8. Katharine Sophia Bagg, Amelia Josephine Bagg, Mary Heloise Bagg and Helen Frances Bagg all engaged in the real estate business in their own names, primarily by leasing houses and selling lots. A search of their names in the “Quebec, Canada Notarial Records, 1637-1935” collection on www.ancestry.ca makes this clear. A search for their maiden names will bring up several dozen hits for each of them, including marriage contracts, sales, leases, loans and other records. In a few cases, the actual document has been digitized, but in most cases you can only view the notary’s index. See also Gail Dever, “How to order a notary record from the Quebec Archives after finding it in an index on Ancestry,” Genealogy a la Carte, Sept. 1, 2017, https://genealogyalacarte.ca/?p=20640. In a previous post, Gail explained how to find documents concerning your ancestors in Ancestry’s Quebec notaries collection. See http://genealogyalacarte.ca/?p=16551. To learn more about searching Quebec notarial records, see https://www.familysearch.org/wiki/en/Quebec_Notarial_Records
  9. O’Hara Baynes, Lease, 21 Jan 1897, #9938, Bibliothèque et Archives nationales du Québec. 
  10. Katharine (Bagg) Mills, letter to Robert Stanley Bagg, February 25, 1898, McCord Museum, Bagg Family Fonds, B070/
  11. Catharine Mitcheson Bagg, letter to Robert Stanley Bagg, Oct. 6, 1900, McCord Museum, Bagg Family Fonds, P070/
  12. Amelia J. (Bagg) Mulholland. Ledger, 1891-1927. McCord Museum, Bagg Family Fonds, P070/B07.