Tag: Catharine Mitcheson 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)

Fairmount Villa

by
Fairmount Villa

In September 1948, a letter appeared in The Montreal Gazette noting the demolition of Fairmount Villa, a house that had stood on Sherbrooke Street near Saint Urbain for over 100 years.1 Today, that house has been gone for 70 years, but it is still not entirely forgotten: in 1892, Fairmount Avenue, in Montreal’s Mile End neighbourhood, was named to commemorate the house.2

Fairmount Villa was the home of my great-great-grandparents, Montreal notary and landowner Stanley Clark Bagg (1820-1873,) or SCB, and his wife, Catharine Mitcheson Bagg (1822-1914). SCB died of typhoid at age 53, but Catharine continued to live in the house with her son and four daughters until they married, and she remained there until her death at age 92.

After Catharine’s death, the house was sold to the Asch advertising company, which eventually became known as Claude Neon. The City of Montreal expropriated the property in 1948 in order to widen Saint-Urbain Street.

The property records go back 300 years. In 1701, the land on which the house later stood was owned by a religious community known as the Charon Brothers, and the Grey Nuns (Soeurs grises) inherited it in the mid-1700s. Around 1780, the sisters sold three lots at the crest of the hill where Sherbrooke Street was later to become a major artery, and those lots were subdivided and resold several times.3 In 1837, merchant Stanley Bagg purchased lot number 58A at a sheriff’s auction.4 (When a land owner was unable to make his payments, the sheriff seized the property and auctioned it off, often at a bargain price for the new buyer.)  

Fairmount Villa, NW corner St. Urbain and Sherbrooke, 1881

When SCB and Catharine were married in 1844,5 Stanley sold the property to his only son. It was a long, narrow lot at the north-west corner of Sherbrooke Street, running 2½ arpents north along Upper Saint–Urbain Street to the property line of Durham House, where SCB was born and grew up.

The notarial act in which the transfer was recorded described the Fairmount property as having “a two-storey stone house and other buildings thereon erected.”6 The house was probably still under construction in 1844, and SCB and Catharine lived at Durham House with Stanley for a few years. Their first child, who died at age two, was born at Durham House, but the others were all born at Fairmount Villa.

Some years later, an addition was added to the west side of Fairmount Villa. It included SCB’s office and a second front door so that farmers coming to pay the rent they owed to SCB did not have to walk through the house to get to the office.7

In his letter to The Montreal Gazette, SCB and Catharine’s grandson Rev. Sydenham Bagg Lindsay explained that the name Fairmount Villa was reminiscent of Philadelphia. Catharine Mitcheson grew up in a rural area just north of Philadelphia called Spring Garden.8 (It is part of the city today.) Philadelphia’s famous Fairmount Park was located nearby. The naming of Fairmount Villa after a place associated with Catharine’s early life was something of a family tradition: the house in which Catharine grew up was called Menteith House, after Catharine’s mother’s birthplace, Menteith, Perthshire, Scotland.

Sydenham also noted there was a family chapel at Fairmount Villa, called the Oratory of the Holy Cross. “The stained glass window in this chapel depicted Christ as the Savior of the World; it was given in recent years to the Anglican Church at Lake Echo….” 9

Sydenham’s younger brother, Stanley Bagg Lindsay, also recalled visiting Granny Bagg: “We can remember her well sitting at the front drawing room window at Fairmount with her white lace cap on, looking out at the people passing.”10

He continued, “We used to play in Granny’s garden. There were apple trees, especially one which was easy to climb and play house in. There was an iron bench under it, painted blue green…. There was a chestnut tree which we loved, the summer house, the white statutes of Adam and Eve with no arms, … the bleeding hearts, snowballs and lilacs … Nora the housemaid and Jessie the cook, who made good ladies fingers and sponge cakes and who we could always see through large sunken window which gave light to the kitchen.

“There were the stables, the horses, the rockaway and the brougham and Willis the coachman with white mutton chop whiskers whom we liked and who afterwards drove a wagon for Joyce the confectioner. We were very fond of Odell Comtois who did sewing…. She was practically one of the family.

“The garden became very shabby,” he concluded. “It seemed a large garden to us. It went as far as our house which was at the corner of Milton Street. The west side adjoined the Wilson-Smith property. Long before our house was built, a large house called Tara Hall stood just north of Milton Street. Mother [Mary Heloise (Bagg) Lindsay] remembers it burning down one night when she was a child. Where the house used to stand is a street called Tara Hall.”10

Clarifications added Jan. 16, 2020

See also:

Janice Hamilton, “Fanny in Philly” Writing Up the Ancestors, March 29, 2014,  https://www.writinguptheancestors.ca/?p=171 

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

Photo credits:

Studio of Inglis, “Residence of Stanley Clark Bagg,” 1875, Bibliothèque et Archives nationales du Québec http://numerique.banq.qc.ca/patrimoine/details/52327/1956159 (accessed Dec 6 2019)

Chas. E. Goad, Atlas of the City of Montreal from special survey and official plans, showing all buildings and names of owners, 1881, plate VII; detail of digital image, digital image 10, Bibliothèque et Archives nationales du Québec,http://numerique.banq.qc.ca/patrimoine/details/52327/2246915?docref=MtCYGy_XY512L82RM1ifMA (accessed Dec. 16, 2019)

Photographer unknown. Catharine Mitcheson Bagg in her 90thyear, 1912. Photo glued into the Bagg Family Bible, Bagg Family Fonds, McCord Museum, Montreal.

Sources:

  1. Sydenham Bagg Lindsay, “Montreal Landmark Destroyed,” Letters From Our Readers, The Montreal Gazette, Sept 1, 1948, p. 6.
  2. Justin Bur, Yves Desjardins, Jean-Claude Robert, Bernard Vallée et Joshua Wolfe, Dictionnaire Historique du Plateau Mont-Royal, Montréal: Les Éditions Écosociété, 2017, p. 149.
  3. Justin Bur, email to the author, Dec. 9, 2019.
  4. J.A. Labadie, Inventory of Stanley Clark Bagg’s Estate, notarial act #16732, 7 June 1875, item no. 236;  Bibliothèque et Archives nationales du Québec.
    Stanley Bagg only bought about half of lot 58A, but he also purchased two neighbouring lots, greatly expanding the grounds. Later, SCB sold off a part of the property that he didn’t want, creating a long narrow piece of land along Upper Saint Urbain Street that he divided into lots.
  5. The wedding took place on Sept. 9, 1844 at Grace Church, Philadelphia. Historical Society of Pennsylvania; Philadelphia, Pennsylvania; Historic Pennsylvania Church and Town Records; Reel: 1078; database and images; Ancestry.com (www.ancestry.ca, accessed Dec. 16, 2019) entry for Catharine Mitcheson; Citation Year 1844, Pennsylvania and New Jersey, Church and Town Records, 1669-2013, citing Historic Pennsylvania Church and Town Records. Philadelphia, Pennsylvania: Historical Society of Pennsylvania.
  6. Henry Griffin, notarial act # 20645 (approximate page number;) June 1, 1844; also mentioned as items 235 and 237 in the inventory of SCB’s estate, prepared by J.A. Labadie, notarial act #16732; Bibliothèque et Archives nationales du Québec.  
  7. Stanley Bagg Lindsay, handwritten notes on Stanley Clark Bagg; Lindsay family collection.
  8. 1840 United States Federal Census, database; Ancestry.com (www.ancestry.ca, accessed Dec. 16, 2019), entry for Robert Mitcheson; Citation Year:1840; Census Place: Spring Garden Ward 1, Philadelphia, Pennsylvania; Roll: 487; Page: 259; Family History Library Film: 0020555; citing Sixth Census of the United States, 1840. (NARA microfilm publication M704, 580 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
  9. Sydenham Bagg Lindsay, Ibid.
  10. Stanley Bagg Lindsay, handwritten notes on Catharine Mitcheson; Lindsay family collection.