Tag: Stanley Clark Bagg Estate

The Silver Spoon

In this article I refer to Robert Stanley Bagg by his middle name since it was the name by which he was best known. In other articles I have referred to him as RSB to differentiate him from his father, Stanley Clark Bagg (SCB) and his grandfather, Stanley Bagg.

My great-grandfather Robert Stanley Clark Bagg, or R. Stanley Bagg (1848-1912), was born with the proverbial silver spoon in his mouth, however, working in the family real estate business was not what he really wanted to do in life. It wasn’t until after he retired that he was able to follow his true passion: politics.

I never heard any family stories about Stanley, perhaps because he died several years before my mother was born. It wasn’t until Montreal’s two major English-language newspapers were digitized a few years ago that I learned about his various interests and activities. In fact, his name appeared in Montreal newspapers frequently, especially after the late 1890s when he became active in the Conservative party.  

Robert Stanley Bagg, portrait by Adam Sheriff Scott. Private collection.

Stanley was the second child of Montreal notary and land-owner Stanley Clark Bagg (1820-1873) and Philadelphia-born Catharine Mitcheson (1821-1914). The couple’s first child died before Stanley was born. Three younger sisters, Katharine, Amelia and Mary, were born in 1850, 1852 and 1854, and a fourth sister, Helen, arrived in 1861. Even as a child, Stanley must have been told that he would have a leadership role in the family, not only as the eldest, but also as the only male.

According to his obituary in the Montreal Gazette,1 Stanley studied law at McGill University and passed the bar in 1873. He then left Montreal for England, intending to further his studies, however, his father died unexpectedly in August of that year and Stanley came home. For a short time, he was in partnership with lawyer Donald Macmaster, sharing an office on St. James Street, in the old business heart of the city, but he gave up his legal practice to concentrate on the administration of his late father’s real estate. Nevertheless, throughout his life, Stanley identified himself as a lawyer or an advocate, a term used to refer to the practice of Quebec’s civil law.  

The job Stanley undertook as administrator of his father’s estate was not an easy one. Montreal was rapidly expanding, with thousands of new immigrants arriving, manufacturing, railroads and industries expanding and construction of new residences ongoing. The farmland that comprised the vast S. C. Bagg Estate, mostly located on the west side of St. Laurent Boulevard in a corridor north of Sherbrooke Street, benefited from the city’s growth. Sales, mainly of residential properties, became a profitable business.

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.

Stanley does not seem to have been interested in developing and promoting housing or commercial real estate projects himself, but he did decide which pieces of land to subdivide into lots and he supervised sales. The estate also rented small residential and commercial buildings, and some of the land was sold to the city for civic projects such as parks.

He encountered many unexpected headaches over the years. He had to ask the provincial government to pass a special law in 1875 to override a provision in SCB’s will in order to make the lot prices competitive.2 There were misunderstandings in 1889-91 over which properties were part of the estate and which belonged to the five children. And Sister Helen’s husband disappeared under mysterious circumstances in 1897, owing the Baggs large sums of money. Although Stanley was the main administrator of his father’s estate, several family members acted as advisors. His mother had a great deal of input, and sister Amelia kept track of some of the property sales. When a major decision had to be made, family members got together to discuss it, or if that was not possible, they communicated through letters.

When Stanley announced his retirement as of January, 1901, his mother arranged to hire someone to succeed him, and she wrote Stanley a thank-you letter.3 She described her husband’s unexpected death as a calamity for the family, especially for Stanley who was “so young and inexperienced in the ways of the world.”  She commended Stanley for the “able, honourable and efficient manner” in which he had performed his arduous duties for 27 years. She added, “I am most anxious that you should have a complete rest from all the worry and anxiety that is unavoidably connected with the responsible position you have occupied for such a long time – and while personally I shall greatly miss you, I hope that your absence and a complete change will allow you to regain your usual health and strength.”

One activity Stanley found helped to restore his health was travel, especially ocean voyages. Perhaps he got the travel bug when he was 20 and spent a year exploring the highlights of Europe with his parents, his aunt and his sisters. In 1875, Stanley visited England again with his mother and one of his sisters, and he returned to Europe with his new wife, Clara Smithers, on their two-month-long honeymoon in the summer of 1882.

Robert Stanley Bagg and Clara Smithers were married at St. Martin’s Anglican Church, on what was then the corner of St. Urbain and Bagg Streets. Bagg street was later renamed Prince Arthur and the current Bagg Street is located several blocks further north. St. Martin’s never acquired a spire and it was eventually demolished.
Image source: St. Martin’s Church, Historical Sketch of St. Martin’s Church : 1874-1902, Montreal, Canada, 1902?; Canadiana, https://www.canadiana.ca/view/oocihm.85997  Accessed June 14, 2023.

In 1891, he and Clara spent an extended period of time in England, taking along their two young daughters. That year’s Census of England showed Stanley, Clara, the children, a governess and a cook staying in a lodging house in St. George Hanover Square, in central London. Ten years later, after his retirement, Stanley returned to Europe, this time touring for eight months.

While real estate management, legal training and travel seem to have been family traditions, so was military service. Stanley’s father served in the military, and his grandfather was a major in the 1st Battalion Loyal Volunteers during the Rebellion of 1837. His great-grandfather Phineas Bagg had served during the American Revolution ((1775-1783) before immigrating to Canada.

In 1877, the Canada Gazette reported that R. Stanley Bagg, gentleman, began his military service as an ensign with the 5th Battalion, Royal Fusiliers, Montreal. When he retired in 1882, he retained the rank of captain from what had become the Royal Scots Fusiliers. Although his military career was relatively short, it appears to have been a success. The Montreal Star quoted the following article about Stanley that had appeared in the paper 30 years earlier:4

“There are few better-known figures in Montreal than Captain Stanley Bagg. He was an enthusiastic volunteer and belonged to the old 5th Royals before and after they had become a kilted regiment. At the time of the ship laborers’ riots in Quebec, when several regiments of Montreal were sent to restore order and liberate the regular garrison, who were practically prisoners in the Citadel, the 5th Royal Scots were marched up Mountain Hill and the honor of leading them was conferred by the colonel of the regiment on Captain Bagg owing to his height and commanding presence. Captain Bagg has always been an ardent supporter of and participant in athletic sports. A good rider and one of the old Dowell school of boxers, he kept himself in such first-class condition that he can stand almost any fatigue.”

I had read the letter written by Stanley’s mother about his retirement many years ago, and it had left me with an image of my great-grandfather as a tired and anxious man. It was a revelation to find this newspaper article and realize that he had indeed once been a strong leader and an athlete.

This article is also posted on the collaborative family history blog Genealogy Ensemble.

Footnotes:

1. “R. Stanley Bagg Died Yesterday,” The Gazette, July 23, 1912, p. 4, accessed June 9, 2024.

2. “38 Vict. cap. XCIV, assented to 23 February 1875”, Statutes of the Province of Quebec passed in the thirty-eighth year of the reign of Her Majesty Queen Victoria, part 1, p. 474, https://books.google.ca, accessed June 9, 2024

3. Catharine Mitcheson Bagg, Correspondence, P070/B6.4, Bagg Family Fonds, McCord Stewart Museum, https://collections.musee-mccord-stewart.ca/en/objects/details/176488; classification scheme; personal documents; correspondence. Accessed June 14, 2024.

4. “From the Star Files 30 Years Ago Today” The Montreal Star, Sept. 17, 1909, p. 10, www.newspapers.com, accessed June 9, 2024.

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, “The Bagg Family Dispute part 2”, Writing Up the Ancestors, Feb. 14, 2024, https://www.writinguptheancestors.ca/2024/02/the-bagg-family-dispute-part-2.html

Janice Hamilton, “Helen Frances Bagg: A Happy Exile”, Writing Up the Ancestors, Jan. 6, 2016, https://www.writinguptheancestors.ca/2016/01/helen-frances-bagg-happy-exile.html

Janice Hamilton, “Continental Notes for Public Circulation”, Writing Up the Ancestors, April 8, 2020, https://www.writinguptheancestors.ca/2020/04/continental-notes-for-public-circulation.html

Janice Hamilton, “Aunt Amelia’s Ledger”, Writing Up the Ancestors, April 26, 2023, https://www.writinguptheancestors.ca/2023/04/aunt-amelias-ledger.html

Clara Smithers Weds R. Stanley Bagg, Writing Up the Ancestors, March 2, 2014, https://www.writinguptheancestors.ca/2014/03/clara-smithers-weds-r-stanley-bagg.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

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

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