Richmond Roman Catholic priest purchases land from estate of Presbyterian minister

 

 

The Rev. Terrance Smith was the parish priest at St. Philip’s Roman Catholic Church for more than ten years (1836-1849). He arrived as the congregation faced the turmoil and upheaval resulting from the social strife of the late 1830s. Rev. Smith was the first resident priest and for at least part of the time lived with Col. George T. Burke. St. Philip’s Church burned in 1847. While the congregation turned to rebuilding the church, Rev. Smith sought to purchase the vacant lot beside the church site. That property, lot 15 on the west side of Maitland St. is, today, the location of the St. Philip’s Rectory. In the following article George Neville provides a biography of the original owner, the Rev. Andrew Glen and a transcription of the documents outlining the transfer of property rights from Rev. Glen’s son to Rev. Smith.

The Transfer of land to Rev. Terrence Smith of Richmond, from the Estate of Rev. Andrew Glen

By George A. Neville

 

In 1849, Terrence Smith of Richmond was the resident priest of St. Philip’s Roman Catholic Church. From the Notice below dated 28th May 1849, Rev. Smith is declaring his intention to appear before the Honorable Commissioners of the Heirs, Devisees and Assignees Court in July to seek clear title to Town Lot 15 on the West side of Maitland in Richmond and Park Lot 2 on Queen St. adjoining the Town of Richmond. Terrence Smith identifies himself as a Clerk in Holy Orders, and as the assignee of Andrew James Glen, Watchmaker, of the City of Hamilton, the Heir-at-Law of his father, the Rev. Andrew Glen, formerly of Richmond, who died intestate about 1825/1826.

 

In September of 1848, Rev. Smith purchased the two parcels of land cited above from Andrew James Glen for £20 of lawful money of Canada, but Rev. Andrew Glen had not received his Deed for the Crown Land.   Andrew James Glen’s sale of the property to Terrence Smith was further complicated by Rev. Glen not having had a Will at the time of his death. These circumstances require that the transaction be assessed and promulgated by the Heir & Devisee Commissioners when Crown Patents had not been issued.

 

It is to be noted that Edward Malloch of the town of Bytown in the District of Dalhousie was personally acquainted with Rev. Andrew Glen of Richmond and was present at the time of Glen’s death, as sworn on the 2nd day of July 1849 before John Scott, Commissioner for taking Affidavits on the Queen’s Bench, Dalhousie District.

 

The Presbyterians of the Richmond area were the first Protestant denomination to have a resident Pastor and also the first to hold services in Richmond. The Rev. Wm. Bell of Perth arranged for the placement of the Rev. Andrew Glen in Richmond in the spring of 1822 following Glen’s first appearance in eastern Upper Canada while preaching before the Brockville Presbytery. Glen, a native of Lochwinnoch in Scotland, had emigrated to Canada as a licentiate, having tried to get a call to a church in Scotland for five years, and was ordained as an assistant at St. Peter Street Church in Montreal on July 14, 1818.   Glen had been a fellow student with Bell at the University of Glasgow and was regarded as haughty and overbearing. He had left Scotland with stories of a scandalous love affair following him, his deserted girl friend, whom he refused to marry, dying after his departure. When Rev. Glen came to Richmond, he was married and had at least two other children – a third child, perhaps the offspring of his Scottish love affair, is indicated from an entry in the baptismal register of Beckwith Church (now St. Paul’s United Church at Franktown) for baptism on September 28, 1823 of Helen, daughter of Rev’d Mr. Glen of Richmond – – – mother’s name not given and date of birth – – – unknown1.

 

It appears that Mr. Glen settled into Richmond and behaved himself relatively well. From the autumn of 1823 until his death in 1826, Glen used to journey from Richmond to Huntley and Torbolton townships to hold services, preaching in the cabin of Henry McBride, at the present village of Carp in Huntley Twp., and in Torbolton at the house of Mr. John Buckham. Rev. Glen had been promised a land grant of 400 acres by the British government and this he took in Torbolton Twp. receiving his grant in 1825. While returning to Richmond from Torbolton in the spring of 1826, Glen contacted influenze, and died on the 16th April. Tradition has it that Rev. Mr. Glen is buried in the Richmond Presbyterian cemetery2.

References

 

  1. Lucas, Calvin Glenn Presbyterianism in Carleton County to 1867, M.A. Thesis, Carleton University (1973), p. 18.

 

  1. Ibidem, pp. 19, 20.

 

Smith, Terrence, 1849, ON Archives RG 40 – 40 – 3348 [Transcribed Aug. 2017]

 

 

I hereby certify that the annexed Notice was up in a conspicuous place of the office of the Clerk of the Peace of the District of Dalhousie on the Twenty Eighth day of May last and remains so put up from that time to this day, and that a list of the claims so put up in my office specifying the particulars of the claim in the annexed Notice, among other claims, was affixed in a conspicuous part of the Court House of the said District and was publicly read and proclaimed in open Court at the General Quarter Sessions holden for the said District on this third day of July instant by the Crier of the Court immediately after his charge to the Grand Jury.

Francis C Powell

Notice this third day of July 1849 Clerk of the Peace

Of the Dalhousie District

 

 

Notice Is hereby given that Terence Smith of the Town of Richmond in the Township of Goulburn [sic] in the District of Dalhousie is Clerk in Holy Orders with claim before the Honourable Mr Commissioners appointed to ascertain the Heirs Devisees and Assignees of Original Nominees of the Crown to lands not under patent at their Sittings in the month of July next Town lot number fifteen on the West side of Maitland that in the said Town of Richmond and Park lot number Two on Queen Street adjoining the said Town of Richmond as assignee of Andrew James Glen of the City of Hamilton in the Province of Canada Watchmaker the Heir at Law of the Reverend Andrew Glen the original nominee of the Crown,

28th May 1849

 

District Dalhousie to wit Terence Smith of the town of Richmond in the Township of Goulburn [sic] and District of Dalhousie Clerk in Holy Orders maketh oath and saith that he this deponent in or about the Month of September in the year of our Lord one thousand Eight hundred and forty Eight purchased from Andrew James Glen of the City of Hamilton Watchmaker all his right title and interest, to and in those parcels of land and premises situate lying and being in the township of Goulburn [sic] aforesaid Known as Town Lot Number Fifteen on the West side of Maitland Street in the said town of Richmond and Park Lot Number Two on Queen street adjoining the said town of Richmond and at or for the xxxxx Sum of thirty pounds of lawful money of Canada, which amount he this deponent has paid to the said Andrew James Glen in consideration for a conveyance thereof to him this deponent.

 

This deponent further saith that he is informed and verily believes that this said Andrew James Glen is the heir at Law of the Reverend Andrew Glen formerly of Richmond aforesaid now deceased, the Locatee of his lots above mentioned, who as this deponent is likewise informed and verily believes died intestate. And lastly this deponent saith that his this deponents claim to the lots herein before named is just and well founded to the best of this deponents Knowledge and belief and that he this deponent is not aware of any adverse claim thereto.

 

Sworn before me at Bytown in the District

of Dalhousie this second day of July Johnnh A. Me (?)

in the year of our Lord 1849 R McCord (?)

A commissioner for taking affidavits

in the Queens Bench in and for the District of Dalhousie

 

 

Gore District John Rise Holden of the City of Hamilton in the District of Gore Esquire

maketh oath and saith that he was personally present and did see Andrew James Glen in the annexed deed of assignment to Terence Smith named duly sign seal executed and deliver this said annexed deed of assignment, and that he this deponent and Ida E. Start of Hamilton aforesaid Esquire and the subscribing witness thereto, and that the hand writings And Jas. Glen John R Holden and Ida E Start subscribed to the said annexed deed of assignment are of the proper handwriting of the said Andrew James Glen, this deponent and the said Ida E. Start

 

Sworn before me at Hamilton J R Holden

in the Gore District this 7th

day of July 1849

C J Crukman

Comr N.R.H.D. (?)

 

 

Know all Men by these Presents that I Andrew James Glen of the City of Hamilton in the Gore District and Province of Canada Watchmaker for and in consideration of the sum of Twenty Pounds been paid by Terence Smith of the Town of Richmond in the District of Bathurst clerk the Receipt already (?) I do hereby acknowledge do assign transfer and set over unto the said Terence Smith all my right all(?) interest claim (?) property and xxxxxx whatsoever agree and to all and Seee (?) Galas (?) these certain parcels or Lots of land situate lying and being in the Town of Richmond in the Township of Goulburn [sic] in the County of Carleton in the District of Bathurst aforesaid being composed of Town Lot number Fifteen on the West side of Maitland Street in the Said Town of Richmond – and also Park Lot number Two – on Queen Street adjoining the said Town of Richmond.

To have and to hold the same with all privileges and appurtenances to the parcel (?) in any wise belonging or appertaining unto the Said Terence Smith his heirs and assigns forever so that within (?) I the Said Andrew James Glen(?) any Heirs less any fees or as reasons (?) claiming xxxxxxx and or xxxxxx shall at any time hereafter by any way or accesss xxxxx claim or xxxxxxxx any right or title to the aforesaid parcels or Lots of land or xxxx part                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          or parcel xxxxx of xxxxxxx.

In witness whereof I xxxxxx xxxxxxxx Set my hand and Seal this nineteenth day of February in the year or our Lord one Thousand Eight Hundred and forty nine

Signed Sealed and Andw Jas Glen [his signature]

Delivered In Presence of

John R. Holden of Hamilton

Barrister at Law Geo E Start [his signature]

[Cover Summary] Assignment of 15 W of Maitland Lot in Richmond & Park lot 2 on Queen St adjoining Richmond Andrew J. Glen to Terence Smith

 

District of Dalhousie to wit Edward Malloch of the town of Bytown in the District of Dalhousie Esquire maketh oath and saith he was personally acquainted with the Reverend Andrew Glen late of the town of Richmond in the District of Dalhousie during his life-time, and that he was present at the time of the death of the said Andrew Glen which happened about the year of our Lord 1825 (twenty-five) or 1826 (twenty-six) that to the best of this deponents Knowledge and belief the said Andrew Glen died intestate leaving his Eldest Son and Heir at Law Andrew James Glen of the City of Hamilton Watchmaker, who is likewise personally known to this deponent. This deponent further saith that from his intimacy with the this said Andrew Glen and his family, Had the said Andrew Glen left a Will, this deponent would more than likely have been aware of the fact. This deponent further saith that he has always been cognizant of the possession of lot Number Fifteen on the West side of Maitland that in the said Town of Richmond and Park Lot Number Two on Queen Street adjoining the said town of Richmond and now claimed by Terence Smith of Richmond, and that he believes the claim of the said Terence Smith to the said lots to be fair and correct, and that he is aware of no adverse claims thereto. And that had there been any adverse claim this deponent could not but be aware of the fact.

Sworn before me at Bytown in the District

of Dalhousie this 2d day of July in the year Edw. Malloch [his signature]

of our Lord 1849 John Scott [his signature]

A commisioner for taking Affidavits on the Queens Bench Dalhousie District

Certificate for the Heir & Devisee Commission

Crown Land Department

Montreal 5th July 1849

I certify that Lot number Fifteen on the West Side of Maitland Street in the Town of Richmond was returned by the Military Settling Department in the name of the Revd Andrew Glenn [sic] and has not been Described for Patent. The location is Subject to confirmation by Order in Council.

To the Honbs the Comrs for the Com C Lands

under the Heir & Devisee Act R. Huagge (?)

Certificate for the Heir & Devisee Commission

Crown Land Department

Montreal 5th July 1849

 

I certify that Park Lot number Two on Queen Street adjoining the Town of Richmond was returned by the Military Settling Department in the name of The Revd A Glenn [sic] and has not been Described for Patent. No evidence has been filed to prove that the conditions of location have been complied with and the claim is Subject to recognition by Order in Council.

 

To the Honble the Comrs for the Com C Lands

under the Heir & Devisee Act R. Huagge (?)

 

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