Person:Joseph McGrath (3)

from an email from Mike Mugan-mikemugan<at>rogers.com on July 29, 2005:

Joseph McGrath, who may have hailed from County Roscommon, purchased Lot 3 in the First Concession in Brock Township from the Crown (Patent) in November 1840. Between this date and the time of his death he acquired 3 more parcels of land in Brock and one parcel in Mara. The family is listed in the 1851 Census. Joseph gave his age on his next birthday as 40 and Catherine was listed as 24. Michael, Peter and John had been born by this time and the family was living in a single story log home.

The McGraths appear to have favoured St. Andrew's Church in Brechin after their marriage at St. Columbkille's. The McGrath ancestors did arrive in Canada several years before Thomas Mugan and were quite numerous. As an example of their presence, in 1838, a Joseph McGrath from Brock was found guilty of treasonous activities as a consequence of a minor role he played in the Upper Canada Rebellion in 1837. Along with others he was "pardoned and freed upon giving security to keep the peace and to be of good behaviour for three years. By the end of May, 1838 most of the prisoners released upon giving security had returned home."( 2) Others had worse fates. Peter Mathews and Samuel Lount who were considered to be leaders of the Rebellion were hanged and some who did not escape to the United States were exiled to Van Dieman's Land (Australia).

It is probable that this Joseph McGrath was our great great grandfather. He would have been about 26 or 27 at the time, likely an idealist who found the premise of the Family Compact which favoured an elite ruling group in Upper Canada to be untenable. His subsequent peaceful prote st beginning in 1840 was to acquire land which he would have seen as the basis of power that had sustained those he was prepared to fight again st in 1837. It is interesting to note that the principles he and others fought for, being a more egalitarian society with equal opportunity for all, were largely achieved by 1850.

JOSEPH McGRATH

TRANSCRIPT OF LAST WILL AND TESTAMENT

Dated August 30, 1856

This is the Last Will and Testament of me Joseph McGrath of the Townsh ip of Brock in the County of Ontario and Province of Canada, Yeoman. My Will is that my funeral charges and just debts shall be paid by my Executors hereinafter named, the Residue of my estate and property which shall not be required for payment of my just debts and funeral charges and the expenses attending the execution of this my will and the administrati on of my estate. I give devise and distribute thereof as follows, that is to say. First, I give devise and bequeath to my son Michael his heirs or assigns the west half of number three in the first concession of Brock and the East quarter of number two in the first concession of Brock.... .(?)...and to my Son Peter his heirs or assigns the North West quarter of Lot number thirteen in the Seventh Concession of Brock and Lots number one and two in the Eighth Concession of Scot (sic), to my son John his heirs or assigns four acres of the southwest corner of Lot number thirteen in the Seventh concession of Brock and one hundred acres of land in the Township of Mara for which I have not yet obtained a deed, to my son Joseph his heirs or assigns the south half of Lot number twelve in the Seventh Concession of Brock. My said sons to get possession of the said lands when they respectively become of the age of twenty one years subject to dower of my wife Catherine, to my daughter Mary Ann the Sum of two hundred pounds said two hundred pounds to be paid when she is of the age of twenty one years to be paid to her out of my personal property if it be sufficient for that purpose if not the deficiency to be made up by my Son Michael, if any of the children mentioned should die before they attain the age of twenty one years the property hereby devised to them to be equally divided among my surviving children, to my wife Catherine the rents and profits of my aforesaid lands until such time as my sons respectively become of age and then she is to have her dower from each of my sons off of the property they get possession then my sa id wife to support and maintain the aforementioned children until they att ain the age of twenty one years and lastly, I will that all the residue a nd remainder of my personal estate goods and chattels of every nature a nd kind.....(?)... to be sold by my executors and the proceeds be by th em applied in buying land, said land or the price of it be divided equal ly between my above mentioned children. My executors to pay what is due on the land I have purchased in Mara and I hereby appoint my wife Catherine and Michael McGrath to be my executors of my Last Will and Testament. In witness whereof I have hereunder set my hand and affixed my seal this thirtieth day of August in the year of our Lord eighteen hundred and fifty-six. The words his heirs and assigns underlined after the name John and the words his heirs and assigns after the name Joseph, the words at h er marriage if she should get married before --- erased before signing.

Signed: "Joseph McGrath" Sealed

Witnesses: Etta McDermott Dennis Malone

1. ↑ tombstone.
2. ↑ email from Mike Mugan-mikemugan(at)rogers.com on July 29, 2005:.
3. ↑ tombstone
   St. Malachy's R. C, Cem., Brock twp., Durham Region, near Vroomanton; LDS fiche 6002250.

   QUAY 3 stone 24: "Sacred to the memory of Joseph McGrath who died Sept. 8, 1856, AE 45 years..."