Tag: Stanley Clark Bagg

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)

Mrs Mitcheson Came

by

My three-times great-grandfather was a merchant, not known for being overly emotional. His personal notebook was filled with financial sums, with only one page of personal comments. Those notes included the date his two-year-old grand-daughter died, the dates of birth of two other grandchildren and a short sentence, “Mrs. Mitcheson Came, June 8, 1850.”1 For Stanley Bagg to make a note of that visit, it must have been a special day indeed.

“Mrs. Mitcheson” was Stanley’s son’s mother-in-law, Mary Frances (or Fanny) Mitcheson, from Philadelphia. She had probably come to Montreal to be present at the birth of another grandchild, Katharine Sophia Bagg, born a month later.

Stanley wrote nothing more about this visit, but I like to imagine what might have taken place. He had been a widower since his wife’s death 15 years earlier, but he probably he had a servant to keep the house tidy and cook for the occasion. In addition, son Stanley Clark Bagg and daughter-in-law Catharine Mitcheson Bagg lived nearby, so they probably helped with the arrangements. 

By 1850, Stanley had retired from a long career as a timber merchant and general merchant, and his health was failing. He lived in a two-storey home, called Durham House, on Saint Lawrence Street in what was then the outskirts of Montreal. Perhaps he entertained his guests in the drawing room, where they could have sat on the sofa or the mahogany chairs, and perhaps he told Fanny about the portraits (probably of himself, his deceased wife and his father) that hung on the walls.2

Fanny (MacGregor) Mitcheson

Perhaps he and his visitor discussed the weather, or the recent birth of Queen Victoria’s seventh child. Fanny was an American by choice (born Mary Frances MacGregor, she had immigrated to the United States from Scotland as a young woman) and Stanley was an American by birth (born in Massachusetts, he came to Canada as a child,) so maybe they talked about the recent California Gold Rush.

Stanley’s son and daughter-in-law probably attended this gathering. Another possible guest was Mary (Mitcheson) Clark, Stanley’s deceased wife’s mother. She also lived nearby, in a house called Clark Cottage. Mary, a widow, would have been age 74 at the time.

Mary Clark and Fanny Mitcheson were also related by marriage: Mary’s brother was Fanny’s husband, Robert Mitcheson.

I do not know whether Robert accompanied his wife to Durham House, or even if he came to Montreal. If he didn’t, someone else must have travelled with her. She certainly would not have come from Philadelphia to Montreal by herself.

Durham House

Long-distance travel in 19th-century North America was time-consuming, complicated and uncomfortable. Thankfully, transportation was improving, especially after the first North American railroad started operating in 1826.

In 1836, people travelled between Philadelphia and Montreal via a combination of railroad, stagecoach and steamboat, with the longest leg by boat. In 1849, about the time Fanny made the journey, it was still by steamboat and railroad with a 38-mile stretch by stagecoach. A dozen years later, the whole trip could be done by rail, although the journey still involved several connections.3

Perhaps Stanley saw fit to note Fanny’s 1850 visit because he realized what an effort she had made to get there from Philadelphia. 

All Photos, Bagg family collection

Notes:

Mary Mitcheson (1776-1856) and her brother Robert Mitcheson (1779-1859) were born in County Durham, in northeast England, and immigrated separately to North America. Mary, her husband John Clark (1767-1827) and daughter Mary Ann (1795-1835), settled in Montreal around 1795. Mary Ann married Stanley Bagg (1788-1853) in Montreal in 1819.

Robert Mitcheson arrived in the United States from Antigua in 1817. I do not know when or where he married Fanny MacGregor (c. 1792-1862). They lived in what was then the outskirts of Philadelphia.

All these relationships boiled down to one central fact: Stanley Clark Bagg (1820-1873) married his first cousin once-removed, Catharine Mitcheson (1821-1914). They were wed at Grace Church, Philadelphia on Sept 9, 1844 by Reverend Robert Mitcheson, the bride’s brother. If the family was upset about the blood relationship between them, no hint of that has survived.

                                                                                             Joseph Mitcheson m. Margaret Phillipson                                                                                                 /                              |                                           John Clark m. Mary Mitcheson                                   |                                                       |                                                                        |           Stanley Bagg m. Mary Ann Clark            Robert Mitcheson m. Mary Frances MacGregor                                                       |                                                                        |                                                    Stanley Clark Bagg              m.             Catherine Mitcheson

See also:

Janice Hamilton, “Mary Frances MacGregor” Writing Up the Ancestors, March 14, 2014, https://www.writinguptheancestors.ca/2014/03/mary-frances-macgregor.html

Janice Hamilton, “Fanny in Philly,” Writing Up the Ancestors, March 29, 2014, https://www.writinguptheancestors.ca/2014/03/fanny-in-philly.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

Janice Hamilton, “The Life and Times of Stanley Bagg, 1788-1853,” Writing Up the Ancestors, Oct. 5, 2016, https://www.writinguptheancestors.ca/2016/10/the-life-and-times-of-stanley-bagg-1788.html

Sources: 

  1. Personal notebook of Stanley Bagg, Bagg Family Fonds, McCord Museum, Montreal
  2. An inventory of the contents of Durham House is included in Act No. 3556, dated 2 Nov, 1842, of notary Joseph-Hilarion Jobin, accessed at the Bibliothèque et Archives nationales du Québec (BAnQ) in Montreal.
  3. Gary Gorton, ”Ante Bellum Transportation Indices”, Philadelphia, The Wharton School, University of Pennsylvania, 1989;  http://faculty.som.yale.edu/garygorton/documents/AnteBellumTransportationIndices.pdf, accessed Dec. 31, 2017