As I Will It: Exploring the probates of Port Hope area residents from the mid-19th to mid-20th centuries.
Excerpt from the front page of the probate of Joseph Gallagher.
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From the probate of Margaret Henderson.
Seal from the probate of John Guy Cluxton Ambrose.
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What is a probate and what is the difference between a will and a probate?
From the Ministry of the Attorney General's Glossary of Terms, a probate is a "legal document issued by a Superior Court of Justice confirming that the will filed with the court is the last will of the deceased and that the person named as estate trustee in the will has the authority to administer the estate of the deceased person."
In comparison, a person's will is the written document that defines the wishes of the deceased in regards to how their estate should be distributed after their death. It becomes viable after the person has died.
In comparison, a person's will is the written document that defines the wishes of the deceased in regards to how their estate should be distributed after their death. It becomes viable after the person has died.
Why care about probates?
Probates offer us a unique window into how people viewed the act of dying and what comes afterwards for the people in their lives. These legal documents, including both wills and probates, provide a touching insight into the persistence of love beyond death. Through probates we are able to see a fraction of the relationships people had in the past, not only in terms of who they wanted to take care of after their death, but also meaningful connections shared through the passage of specific objects from one person to another.
The legal documents can also show us when people changed their minds about who was in their will and what they received. Despite not including the reasoning behind these changes, they demonstrate the familial politics surrounding death that exists today. These after-the-fact amendment documents are known as codicils.
The legal documents can also show us when people changed their minds about who was in their will and what they received. Despite not including the reasoning behind these changes, they demonstrate the familial politics surrounding death that exists today. These after-the-fact amendment documents are known as codicils.
Who are the important people in a probate and what are their roles?
The Executor
According to Black's Law Dictionary, the Executor is the "person appointed by a testator to carry out the directions and requests in their will, and to dispose of the property according to their testamentary provisions after his decease." The testator is the person who has died having written a will.
The Witnesses
These individuals must be a legal adult of sound mind, and cannot benefit from the will nor be the spouse of someone benefiting from the will. It was a common practice during this time period for lawyers to act as witnesses for the probates.
The Beneficiaries (or Heirs)
From the Ministry of the Attorney General's Glossary of Terms, a beneficiary is a "person designated to receive something as a result of a legal document, such as a will." This extends to probates as well.
For more on legal terminology, please visit the Ontario Ministry of the Attorney General's Legal Glossary page.
According to Black's Law Dictionary, the Executor is the "person appointed by a testator to carry out the directions and requests in their will, and to dispose of the property according to their testamentary provisions after his decease." The testator is the person who has died having written a will.
The Witnesses
These individuals must be a legal adult of sound mind, and cannot benefit from the will nor be the spouse of someone benefiting from the will. It was a common practice during this time period for lawyers to act as witnesses for the probates.
The Beneficiaries (or Heirs)
From the Ministry of the Attorney General's Glossary of Terms, a beneficiary is a "person designated to receive something as a result of a legal document, such as a will." This extends to probates as well.
For more on legal terminology, please visit the Ontario Ministry of the Attorney General's Legal Glossary page.
Who can have a will? What happens if someone dies without a will?
Anyone can have a will so long as they meet the following criteria:
If someone dies without having already written a will, then intestacy rules have to be followed, which indicate that only immediate family members (spouses, and biological and adopted children) have a right to the property. In these cases, a probate is still written but will have substantially less information within it.
- Are 18 years of age
- Can be younger if they are legally married, are part of the Canadian Armed Forces, or are a sailor
- Are mentally capable
If someone dies without having already written a will, then intestacy rules have to be followed, which indicate that only immediate family members (spouses, and biological and adopted children) have a right to the property. In these cases, a probate is still written but will have substantially less information within it.
A selection of probates from the collection
Joseph Gallagher (b. 1812-d. 1891)
Joseph was an Irish immigrant who came to Canada at the age of 60 after having previously worked as a farmer in Ireland. Having lived through the Irish Potato Famine of 1847, Joseph likely came to Canada seeking new opportunities. From the passenger list, we are able to see that Joseph traveled on the boat named the Scandinavian in August of 1873. The vessel operated between 1865 and 1935, during which it made numerous trips between Liverpool (England) and Londonderry (Ireland) to Quebec City.
Prior to his death, Joseph was living in Port Hope with his nephew, James Fleming, and the Fleming family. In his probate, he specified that his clothing, wearing apparel, and his sewing machine were to be given to his brother, Thomas Gallagher, while his bedroom furniture was given to Bella Fleming, the wife of his nephew (James Fleming). His watch and chain were left to his grand-nephew, James Fleming, son of nephew James Fleming.
Interestingly, the rest of his estate and effects were given to his friend, John Mulligan, who was tasked to convert Joseph's estate into money to pay the following:
Joseph's story teaches us about the importance of material possessions during the late-19th c. and demonstrates the value of clothing and being able to mend ones own apparel to extend the longevity of wearing apparel and to save on the cost of replacing them. Although today we live in a society of disposable goods and consumption, 100 years ago, the personal possessions of individuals were incredibly valuable and thus were given to family or friends.
His probate further elaborates on this, not only demonstrating that Joseph's personal belongings be given to his family members, but the most important one's be given to his brother and his grand-nephew, indicating a special bond between them and Joseph.
Prior to his death, Joseph was living in Port Hope with his nephew, James Fleming, and the Fleming family. In his probate, he specified that his clothing, wearing apparel, and his sewing machine were to be given to his brother, Thomas Gallagher, while his bedroom furniture was given to Bella Fleming, the wife of his nephew (James Fleming). His watch and chain were left to his grand-nephew, James Fleming, son of nephew James Fleming.
Interestingly, the rest of his estate and effects were given to his friend, John Mulligan, who was tasked to convert Joseph's estate into money to pay the following:
- Bella Fleming and James Fleming $100
- Equal portions to the surviving children of Joseph's brothers (James, John, and Thomas), and sisters (Mary Moffatt, and Eliza Fleming)
Joseph's story teaches us about the importance of material possessions during the late-19th c. and demonstrates the value of clothing and being able to mend ones own apparel to extend the longevity of wearing apparel and to save on the cost of replacing them. Although today we live in a society of disposable goods and consumption, 100 years ago, the personal possessions of individuals were incredibly valuable and thus were given to family or friends.
His probate further elaborates on this, not only demonstrating that Joseph's personal belongings be given to his family members, but the most important one's be given to his brother and his grand-nephew, indicating a special bond between them and Joseph.
Ancillary Documents for Joseph Gallagher
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Scandinavian Passenger List (1873).
Library and Archives Canada; Ottawa, Ontario, Canada; Series: RG 76-C; Roll: C-4528. |
1881 Port Hope Census.
Year: 1881; Census Place: Port Hope, Durham East, Ontario; Roll: C_13241; Page: 58; Family No: 289. Canada. "Census of Canada, 1881." Statistics Canada Fonds, Record Group 31-C-1. LAC microfilm C-13162 to C-13286. Library and Archives Canada, Ottawa. |
Emily Julia (Bertolotto Masters) Robertson (b. 1833-d. 1916)
Emily was born in Chelsea, England in March of 1833, the daughter of the famed Italian pioneer of the Flea Circus, Louis Bertolotto, and his Irish wife Julia McGraft.
Louis traveled across Europe showcasing his Flea Circus and exhibition, until he eventually moved to Canada in 1856 and worked in Quebec. This is where Emily's half-sister Ida Bertolotto was born, but by 1901, she had also moved to live with Emily in Port Hope alongside their father, Louis.
Emily married her first husband, James Masters, on September 30th 1852. According to the Port Hope Census of 1901, the Masters family moved to Canada in 1856, and sadly by 1881 her husband, James, had died. Emily was left a widow and the head of the house in which her father, Louis, and her three children (Emily Louisa, William J., and Kate Helen) lived. She married again in 1886, to Peter Robertson, and was joined by her half-sister, Ida, by 1901.
Emily's probate specified numerous heirs, to whom she divided and left portions of her estate that were divided into property, money, and personal items. In some cases, she listed specific instructions that were to be followed by the Executors. In this way, we are able to see the relationships between the deceased and her relatives as well as which items she thought were important enough to specify instructions for them.
List of some of Emily's personal effects and who they were given to:
Louis traveled across Europe showcasing his Flea Circus and exhibition, until he eventually moved to Canada in 1856 and worked in Quebec. This is where Emily's half-sister Ida Bertolotto was born, but by 1901, she had also moved to live with Emily in Port Hope alongside their father, Louis.
Emily married her first husband, James Masters, on September 30th 1852. According to the Port Hope Census of 1901, the Masters family moved to Canada in 1856, and sadly by 1881 her husband, James, had died. Emily was left a widow and the head of the house in which her father, Louis, and her three children (Emily Louisa, William J., and Kate Helen) lived. She married again in 1886, to Peter Robertson, and was joined by her half-sister, Ida, by 1901.
Emily's probate specified numerous heirs, to whom she divided and left portions of her estate that were divided into property, money, and personal items. In some cases, she listed specific instructions that were to be followed by the Executors. In this way, we are able to see the relationships between the deceased and her relatives as well as which items she thought were important enough to specify instructions for them.
List of some of Emily's personal effects and who they were given to:
- My mother's open-faced watch (Flossie Hugh)
- My mother's pearl ring (Kate H. Foster)
- Plated biscuit box (Maud Martin)
- Father's watch chain (Edward Hugh)
- Gilt jewel case (Helen Wright)
- 2 metal portraits of myself & husband (Louisa Hugh)
- 2 scent bottles in plush case (Elsie Hugh)
- 2 vol. Leisure hours (Jack Martin)
- Life of Queen Victoria (Ida Bertolotto)
- 2 vols "Leisure Hours" [red] (Harry Foster)
- I Whitaker's Journal (Harry Masters)
- Antique ring & Medal in Sevre china box (Ida Bertolotto)
- My wedding ring (Louisa Hugh)
- 2 vol. Carlton works (Fred Hugh)
Ancillary Documents for Emily Julia Robertson
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Marriage Certificate from 1st marriage to James Masters.
London Metropolitan Archives; London, England; Reference Number: p74/luk/215. Port Hope Census 1891.
Year: 1891; Census Place: Port Hope, Durham East, Ontario, Canada; Roll: T-6332; Family No: 317. Library and Archives Canada. Census of Canada, 1891. Ottawa, Ontario, Canada: Library and Archives Canada, 2009. Series RG31-C-1. Statistics Canada Fonds. Microfilm reels: T-6290 to T-6427. Certificate of Death for Emily Julia Robertson.
Archives of Ontario; Toronto, Ontario, Canada; Collection: MS935; Reel: 223. Archives of Ontario. Registrations of Deaths, 1869-1948 (MS 935, reels 1-694), Archives of Ontario, Toronto, Ontario, Canada. |
Marriage Schedule for Emily's second marriage to Peter Robertson.
Archives of Ontario; Toronto, Ontario, Canada; Registrations of Marriages, 1869-1928; Reel: 54. Ontario, Canada, Select Marriages. Archives of Ontario, Toronto. Port Hope Census 1901.
Year: 1901; Census Place: Port Hope (Town/Ville), Durham (East/est), Ontario; Page: 10; Family No: 115. Library and Archives Canada. Census of Canada, 1901. Ottawa, Ontario, Canada: Library and Archives Canada, 2004. Series RG31-C-1. Statistics Canada Fonds. Microfilm reels: T-6428 to T-6556. |
Frederic Albert Benson (b. 1842-d. 1918)
Frederic followed in the same career path of his older brother Thomas, also working as a lawyer in Port Hope during the late 19th and early 20th centuries. Despite starting his career in law later than his older brother, Frederic was studying law in 1871 when he was 29. By age 40 in 1881, he was a practicing Barrister, and ten years later, worked as a Notary Public.
Due to his profession, F. A. Benson was often a witness to many of the probates housed within the Port Hope Archives' collection, usually alongside Seth S. Smith. According to his probate, Frederic and Seth had a strong friendship and collegial relationship.
Upon his death, Frederic collected the Solicitor's fees earned by Seth Smith (who had become mayor of Port Hope in 1887) in connection with all the work he had done for the Canadian Pacific Railway Company. This was done so that all debts and obligations owed would be settled and to "cancel all arrears of salary that may be owing."
The settlement of debts owing is a common theme throughout many of the probates, and is often one of the first items attended to since an unsettled debt would be passed on to the next-of-kin. Frederic, like many others, ensured that his debt responsibility was not also inherited by his family when he died.
Due to his profession, F. A. Benson was often a witness to many of the probates housed within the Port Hope Archives' collection, usually alongside Seth S. Smith. According to his probate, Frederic and Seth had a strong friendship and collegial relationship.
Upon his death, Frederic collected the Solicitor's fees earned by Seth Smith (who had become mayor of Port Hope in 1887) in connection with all the work he had done for the Canadian Pacific Railway Company. This was done so that all debts and obligations owed would be settled and to "cancel all arrears of salary that may be owing."
The settlement of debts owing is a common theme throughout many of the probates, and is often one of the first items attended to since an unsettled debt would be passed on to the next-of-kin. Frederic, like many others, ensured that his debt responsibility was not also inherited by his family when he died.
Ancillary Documents for Frederic Albert Benson
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Port Hope Census 1861.
Library and Archives Canada; Ottawa, Ontario, Canada; Census Returns For 1861; Roll: C-1017. Canada. "Census returns for 1861." LAC microfilm C-999 to C-1007, C-1010 to C-1093, C-1095 to C-1108, C-1232 to C-1331, M-1165 to M-1166, M-1168 to M-1171, M-556, M-874 to M-878, M-880 to M-886, M-896 to M-900. Library and Archives Canada, Ottawa. Port Hope Census 1881.
Year: 1881; Census Place: Port Hope, Durham East, Ontario; Roll: C_13241; Page: 40; Family No: 199. Canada. "Census of Canada, 1881." Statistics Canada Fonds, Record Group 31-C-1. LAC microfilm C-13162 to C-13286. Library and Archives Canada, Ottawa. Port Hope Census 1901.
Year: 1901; Census Place: Port Hope (Town/Ville), Durham (East/est), Ontario; Page: 16; Family No: 198. Library and Archives Canada. Census of Canada, 1901. Ottawa, Ontario, Canada: Library and Archives Canada, 2004. Series RG31-C-1. Statistics Canada Fonds. Microfilm reels: T-6428 to T-6556. |
Port Hope Census 1871.
Year: 1871; Census Place: Port Hope, Durham East, Ontario; Roll: C-9979; Page: 48. Library and Archives Canada. Census of Canada, 1871. Ottawa, Ontario, Canada: Library and Archives Canada, n.d.. RG31-C-1. Statistics Canada Fonds. Microfilm reels: C-9888 to C-9975, C-9977 to C-10097, C-10344 to C-10388, C-10390 to C-10395, to C-10540 to C-10570. Port Hope Census 1891.
Year: 1891; Census Place: Port Hope, Durham East, Ontario, Canada; Roll: T-6332; Family No: 216. Library and Archives Canada. Census of Canada, 1891. Ottawa, Ontario, Canada: Library and Archives Canada, 2009. Series RG31-C-1. Statistics Canada Fonds. Microfilm reels: T-6290 to T-6427. |
John Guy Cluxton Ambrose (b. 1880-d. 1919)
John was born in Port Hope in June of 1880, and worked as an organist in Montreal. When the world descended into WWI, John enlisted in March of 1917 as a Gunner with the Canadian Garrison Artillery, McGill 4th Siege Battery, 2nd Brigade. He died of pneumonia resulting from influenza in a field hospital in France, and according to the War Graves Register, Circumstances of death document, John was buried in the Halle Communal Cemetery in Belgium. His headstone remains there to this day.
For more information pertaining to John's service in the military, please visit the Canadian Virtual War Memorial.
His probate is interesting because it gives us insight into the mindset of people during the WWI era surrounding ideas of family including how dispersed families were, and the prejudice towards specific groups as a result of the political background of the war. This is evident in John's very specific instructions that no assets would go to any German or "alien enemy" regardless of where they were living.
His probate is accompanied by three codicils, which increased the amount of money and the number of individuals to whom John was incorporating into his will.
John's ability to care for his family after his death was enabled by his probate and having written a will prior to his death. Unfortunately, this was not the case with every Canadian soldier whose life was lost in WWI. Through his story, we are reminded of the sacrifices of those who served our country and of those who continue to serve today.
For more information pertaining to John's service in the military, please visit the Canadian Virtual War Memorial.
His probate is interesting because it gives us insight into the mindset of people during the WWI era surrounding ideas of family including how dispersed families were, and the prejudice towards specific groups as a result of the political background of the war. This is evident in John's very specific instructions that no assets would go to any German or "alien enemy" regardless of where they were living.
His probate is accompanied by three codicils, which increased the amount of money and the number of individuals to whom John was incorporating into his will.
John's ability to care for his family after his death was enabled by his probate and having written a will prior to his death. Unfortunately, this was not the case with every Canadian soldier whose life was lost in WWI. Through his story, we are reminded of the sacrifices of those who served our country and of those who continue to serve today.
Ancillary Documents for John Guy Cluxton Ambrose
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Headstone of Gunner G. Guy Cluxton Ambrose at Halle Communal Cemetery.
Photo courtesy of FindAGrave.com. Port Hope Census 1881.
Year: 1881; Census Place: Port Hope, Durham East, Ontario; Roll: C_13241; Page: 63; Family No: 312. Canada. "Census of Canada, 1881." Statistics Canada Fonds, Record Group 31-C-1. LAC microfilm C-13162 to C-13286. Library and Archives Canada, Ottawa. |
Circumstance of Death.
Library and Archives Canada; Ottawa, Ontario, Canada; War Graves Registers: Circumstances of Death; Record Group Number: RG 150, 1992-93/314; Volume Number: 146. War Graves Registry: Circumstances of Death Records. Record Group 150, 1992–1993/314, Boxes 145–238. Library and Archives Canada. Ottawa, Ontario, Canada. War Graves Ledger Books. RG 150, 1992-93/314, vols. 239–302. Library and Archives Canada, Ottawa, Ontario, Canada. Index of Wills and Administrations (England).
Principal Probate Registry. Calendar of the Grants of Probate and Letters of Administration made in the Probate Registries of the High Court of Justice in England. London, England © Crown copyright. |
Margaret Henderson (b. 1853-d. 1926)
Margaret was born in Ontario between 1852-1853, making her a 1st generation Canadian of Scottish descent. She never married, thus keeping the title of spinster, and so upon her death, it was her siblings and their children who were named as beneficiaries of her will.
From her probate, we are able to see the important role of religion in Margaret's life, as she left over $1800 to various Presbyterian Churches as well as both foreign and home missions.
Interestingly, she seemed to have favoured two of her nieces, Edith Rosevear and Agnes Eagleson, as she left them sums of $1000 each, which was double the amount she left to her other nieces and nephews. Although her reasoning for leaving them a significantly greater amount of money was not written in her probate, it provides an excellent example of the dynamics and politics within extended families that persists today.
Below is a list of how she divided her estate:
From her probate, we are able to see the important role of religion in Margaret's life, as she left over $1800 to various Presbyterian Churches as well as both foreign and home missions.
- $500 to Presbyterian Church at Cold Springs
- $500 to Foreign Missions of Presbyterian Church of Canada
- $500 to Home Missions of the Presbyterian Church of Canada
- $200 to Cobourg Presbyterian Church
- $100 to Cemetery of Presbyterian Church at Cold Springs
Interestingly, she seemed to have favoured two of her nieces, Edith Rosevear and Agnes Eagleson, as she left them sums of $1000 each, which was double the amount she left to her other nieces and nephews. Although her reasoning for leaving them a significantly greater amount of money was not written in her probate, it provides an excellent example of the dynamics and politics within extended families that persists today.
Below is a list of how she divided her estate:
- House and furniture to sister Mary Ritchie and nephew Frank J. Ritchie
- $250 to Alfred Sidey (believed to be deceased)
- $200 to friend Bella Riddell
- $300 to sister Mary Ritchie
- $500 to nephew George Ritchie
- $500 to nephew James F. Ritchie
- $500 to nephew James Rosevear
- $1000 to niece Edith Rosevear
- $500 to nephew George Henderson
- $1000 to niece Agnes Eagleson
- $500 to nephew George Kent
- $500 to niece Bella Underwood
- $500 to niece Edna Henderson
Ancillary Documents for Margaret Henderson
1921 Port Hope Census.
Reference Number: RG 31; Folder Number: 74; Census Place: 74, Northumberland, Ontario; Page Number: 12.
Library and Archives Canada. Sixth Census of Canada, 1921. Ottawa,Ontario, Canada: Library and Archives Canada, 2013.
Series RG31. Statistics Canada Fonds.
Reference Number: RG 31; Folder Number: 74; Census Place: 74, Northumberland, Ontario; Page Number: 12.
Library and Archives Canada. Sixth Census of Canada, 1921. Ottawa,Ontario, Canada: Library and Archives Canada, 2013.
Series RG31. Statistics Canada Fonds.
