Notes:

Buried:
Cadillac

Notes:

Buried:
Cleveland, Plot Block I Lot 250, Cadillac, MI.

James married Mary A BROWN on 23 Jun 1873 in Waterdown, Wentworth Co., Ontario. Mary was born on 20 Feb 1852 in Ontario, Canada; died on 11 Aug 1917 in Cleveland, Cuyahoga Co, Ohio. [Group Sheet] [Family Chart]

Notes:

Mary is the daughter of Jane P, b. Dec 1821,& William G Brown, b. Feb 1818 England, & who married 1849 England.

Birth:
Verify location.

Notes:

John was born on Yonge Street, near Eglinton Ave., at the location directly adjoining Montgomery's Tavern. Lots. 4 & 5, Con 5 - 2 Vaughan Twp., Ontario

The Cummer Memoranda:
It is said that MacKenzie offered John Cummer the command of his forces but the offer was refused. On this account he was known among his neighbors as "the man who refused the sword." His refusal did not relieve him from the suspicion of the party in power. His belief in Reform principles & his personal friendship with MacKenzie subjected him to the suspicion of the government so that he was arrested as a rebel by the soldiery.

. 1837 Rebellion: It is said that MacKenzie offered John Cummer the command of his forces but the offer was refused. On this account he was known among his neighbors as "the man who refused the sword." David Gibson, was a prominent Reform leader. Now Gibson was an old neighbor, for his farm was just opposite the old Cummer homestead. ...Twice he was taken prisoner & rudely hustled to jail at Toronto by a drunken, irresponsible mob. His life was seriously endangered several times & this because it was known that he opposed the "Family Compact."

During the summer of 1838 he was attacked by that dreaded disease, cholera, & while he made a recovery, his health was seriously undermined. He was always busily engaged in his milling operations & carried on farming as well.

John retired & moved to Waterdown. He had started on a business trip & was staying at the home of his son, Franklin, on Elizabeth Street in Toronto. While here he was suddenly taken ill & died September 11, 1868. His grave is in the Necropolis at Toronto.

. c 1824 - William Lyon Mackenzie began publishing his Reform per, the Colonial Advocate. MacKenzie was a warm friend of John Cummer*
& it is related that when the latter passed the door of MacKenzie's printing shop in Toronto he was often summoned in by the great reformer & asked for his opinion on various radical not to say violent articles which he intended to print. It is said that the editor was always cautioned against making his denunciations too bitter. The Cummers, it would seem, rather leaned toward the more conservative wing of the party. The policy of the Willowdale neighbors was to refrain from war-like & treasonable measures.
. 1837 - After the complete & utter defeat of the rebels at Montgomery's tavern the victors burnt the home of David Gibson, a prominent Reform leader. Now Gibson was an old neighbor, for his farm was just opposite the old Cummer homestead & on the morning after the fire, John Cummer went down to view the place. After he had returned to his home, a band of British soldiers appeared. His family immediately knew that the worst had come. John Cummer the officer in charge noisily rode his horse up onto the veranda & hammered upon the door with the butt of his pistol. The father appeared and was tied by the wrists with a stout rope into line with the other rebels and so the party proceeded on foot down Yonge Street to the Court House in Toronto where they were locked up. John's confinement did not last long, however, for sometime the next day his release was secured by influential Tory friends, including his brother-in-law, Peter Lawrence. He owed his release to the influence of Sir Allan MacNab.
. This brings out an interesting story. It seems that in the course of his business he had furnished considerable lumber to Sir Allan for extensive building operations in Toronto, and being unable to secure payment, had even been obliged to have a capias issued on MacNab. Afterwards during the Rebellion MacNab heard that many of his old acquaintances were among the suspects in confinement and so he went to visit them. When he saw John Cummer he immediately demanded his release, saying that he was certainly not a traitor to the Government.
. In connection with the story of the Gibson home there is another interesting anecdote.It seems that the government had offered a reward of £500 for the capture of Mr. Gibson, & when the soldiers were unable to find him, they set fire to his house, hoping to drive him out. They did not do so, though they burned the house to the ground. During this time he was safely concealed behind a panel or invisible door in the log house of Jacob Cummer, where he had been hidden by Elizabeth Cummer when he first sought refuge. Here he remained 3days, while the soldiery ransacked all the houses in the neighborhood. When they appeared at the Cummer home & told Mrs. Cummer that they were hunting Gibson, she answered "all right, but you will not find him," & they did not.
. Others of our family were also involved in the Rebellion in a quiet way. Samuel Cummer, a rebel in sympathy, was drafted into the Government army & was locked up all night, but was released in the morning on account of his youth. MacKenzie's printing press was hidden in an old dry well back of Joshua Cummer's farm. Joshua's wife, Aunt Angelina, was a very ardent Reformer, & she had many an argument before the Rebellion with her brother-in-law, Peter Lawrence, who espoused Tory principles. She stated that after the Rebellion he became disgusted with the Tories & always afterwards voted the Reform ticket.
afterwards voted the Reform ticket.
Ref: An addendum to the Cummer Memorandum: pertaining to the Mallmann family, Walter LeRoy Mallman, 1976.

. 1848 May 19, York Twp. Dissolution of Partnership, The Partnership heretofore carried on by the subscribers, under the from of Carroll & Cummer, is this day dissolved by mutual consent. The business will be continued by Nathaniel Carroll, who is authorized to settle & receive all payments on account of the late from, Nathaniel Carrol, John Cummer.

Methodist Circuit Rider:
. 1859 Jan 23, Sunday - Came to Waterdown. No service here. The friends had not made any preparation such as making a fire, etc. O what little zeal for professors of Christ. Dear Lord, forbid that I should grown cold in thy cause. Finished reading the Book of Genesis today. This has been a cold day. Stopped at J Summers all night.
.Jan 29 Sat. Left Palermo fro Hamilton Stopped at the Parsonage. Pay out 7¢ toll. Came to Waterdown, staying at Father Cummers. Question: Was the solo of Adam immortal? The air was quite raw today. Thawed some half past nine. Let us fall down & worship the Lord. Praise ye the Lord.
. 1859 Jan 30, Sunday. Union Sunday School, Watertown. Gave them a short address. J Cummer, Supt. The Schoolis composed of 100 pupils & teachers. A very interesting School indeed. Took dinner at J Summers.
. 1859 Jan 31. Called on L Cummer but found him absent. Next went to F Crookers & then home to home to summers for dinner. Remaining all night at Dr Bucks. Father Cummer came down with me to Palermo. Weather was moderate again today, quite cloudy. Weather very mild for winter.
1859 Feb 15, Wed. Came to Bro Tezels to remain all night. Went to meeting in the even. Preach from Chron. 28:9. Felt happy in speaking. Praise the Lord. Weather very beautiful. It seems like Spring.
. 1859 Feb 18, Fri. Took tea with Bro Cummer. Went to prayer meeting, about 40 present at good meeting.
. 1859 Feb 19, Sat. Left Bro Summers for Palermo, Wen to church, this was our last Quarterly Meeting.
. 1859 Feb 22, Tues. Left home this bring for the English Settlement. Paid for maps 12¢ Horse shoeing 12¢. Have a fresh horse to drive. Came to Waterdown, took dinner at John Cummers. Called on Lockman Cummers, found him not at home. A mild day. It is now 10 o'clock p.m.
Ref: Diaries of Rev. Leonard Smith, Circuit Rider [Methodist].
. 1859 Mar 6, Sun. Went to Chapel expecting to preach but found Bro. Davis, A New Connexion Local Preach present who kindly consented to office date. He preached Heb. 12:14, good doctrine but dull & dry. Came to Waterdown, distance 7 miles, preached Isa 30:30 Came home to Father Cummer. Praise God for mercies to me during this day, sanctify my effort for good.
. 1859 May 2, Mon. Left for Waterdown with Rev J H Johns. Stoped at Father Summers. Came to Palermo to attend Annual Conference held there.
Ref: Diaries of Rev. Leonard Smith, Circuit Rider [Methodist].

Ontario Land Registry, Abstract North York Book 109, p3-9-10
Lot 21, Con 1 West Side Yonge,
. 1803 Sep 20, Patent, Crown, to John Corn, 210A
. 1855 Dec 23, Bargain & Sale, John Cummer et eux, to John Willson, £1000, Part W Half 29 acres.
. 1856 Nov 26, Mortgage, Peter Lawrence Jr eux, to John Cummer, £1000, E pt 130A
. 1855 Dec 23, B&S, John Cummer et ux, to John Willson, £1000, Part WHalf 29A.
. 1861 Dec 17, Grant, Peter Lawrence et ux, to John Cummer, $2400, Part 30A
. 1867 Feb 15, Quit Claim, John Cummer etux, to Peter Lawrence, $, $1., Part E Part 40A West.
. 1867 Feb 2, Mortgage, Peter Lawrence et ux, to Amelia Harding, $500, Part # 40 A.
. 1868 Feb 7, WILL of John Cummer
. 1869 Nov 2, Mortgage, Margaret Willson et al, *Exrs., to Ben Wincup, $1000 SE part 4A
. 1871 Jan 7, Ben Wincup, to Margaret Willson et al, Exrs. $1000, Part W 29A.
. 1878 May 18, Egerton Willson* et al, to Geo W Irwin, $3300, Part 48A
. 1881 Jul 11, Geo Cooper, to Peter Lawrence, $2300, E 40 of 70A.
. 1894 Nov 20, Peter Lawrence, to Geo Cooper, $2300, Part - .

[Page 9-10:]
. 1899 Jan 6, Mortgage, Geo W Irwin & Erma M his wife, to William B Willson*, 275, Part 84 Acres, Reg. in full.
. 1899 Oct 23, Agrt., Emma Maria Irwin, to., Wm. A Person, $400, Part 29 A Half.
. 1899 Oct 7, Assgnt. of Legacy, John C Willson, to Herbert E Irwin, $500, Part 29 A Half.
. 1899 Oct 20, Assgnt. of Legacy, Herbert E Irwin, to. Wm. A Person, $400, Part 29 A Half.
. 1899 Oct 23, Assgnt. of Legacy, Emma Maria Irwin, to Wm. A Person, $400, Part 29 A Half.
. 1899 Oct 23, Release of Legacy, Emma Maria Irwin, to Confederation Life Assn., $400, Part 29 A Half.
. 1899 Oct 17, Release of Legacy, Rufus Skinner, to Emma Maria Irwin, $536.60, Part 29 A Half.
. 1905 Feb 13, Grant, Egerton Willson, Exor of John Willson 4th., to Erma Maria Irwin, $1.00, Part 84A.1905
. 1905 Mar 31, Grant, Geo W Irwin, to Erma M, his wife, $1.00, Part 84A.

. 1905 Mar 2, Assgnt. of Legacy, Sarah Morris & Margaret Lawrence, to Emma Maria Irwin, $200, Part 29 A.
. 1905 Mar 13, Assgnt. of Legacy, Sarah M W Hannon, to Wm. A Person, $400, Part 29 A Half.
. 1905 Mar 31, Quit Claim, Wm A pasons, to Erma M Irwin, $1 & Prem.(?), Part Half 29 A
. 1906 Oct 26, Grant, Emma M Irwin, to Margaret H Boeckh, $3200, Part WHalf 29 A.
. 1906 Sep 25, Notice of Sale, Fletcher C Snider, Admr. of Edwin Snider,
to Geo W Irwin, Sidney M Johnston, Marle A E Bales, exrics. of Wm B Willson
. 1907 Apr 4, Grant Under Power, fletcher C Snider,Admr of Edwin Snider & Samuel V Blake to Wm H Cronyn, $625. Part 84 acres.


Note: Margaret Lawrence Willson* is brother of John H Cummer, & thus, also granddaughter of Jacob Cummer* & Egerton Willson* & Mrs. Erma M Willson Irwin* were the children of Margaret Willson.

. 1868 Sep 12 - Died, in this city, the mining of the 11th inst. at the residence of his son F D Cummer, 32 Isabella Street, John Cummer, Esq. of Watertown in his 72nd year.
The funeral will leave the house at 2:30 on Sabbath afternoon. Friends & acquaintances respectfully in tied to attend.
Ref: The Globe Newspaper, Toronto. - - -

Birth:


Died:
Died at son F D Cummer's, 32 Isabella Street.

Buried:
Red Granite pillar

John married Sarah Lockman SMITH on 1 Jan 1823 in Town of York (Toronto), Ontario. Sarah (daughter of David William SMITH and Rebekah WILLSON, .1) was born on 30 Jun 1806 in Willowdale (Toronto), York Twp., Ontario; died on 11 Apr 1870 in Waterdown, Wentworth Co., Ontario; was buried on 13 Apr 1870 in Toronto Necropolis Cemetery. [Group Sheet] [Family Chart]

Notes:

Alt Name: Lackman, Lockman, Lakerman, & the original was Larzelere (Dutch).

. 1816 Aug 9 - WILL of John Willson Jur.2, To granddaughter Sarah Smith to be paid $200 & 2 cows & 8 sheep when she arrives at 18 years & also one bed & bedding which is not in the house. [John Willson.2 died 27 Dec 1818.]

. 1823 Jan 1st, York License, Markham, John Cumar married Sarah Soliner Smith [Is Soliner a transcript error?]
Witnesses: John Wilson & Sarah Cumar.
#78 Marriage by Rev. William Jenkins, Richmond Hill.

. Cummer Memoranda: At the time when John Cummer attained the age of about 10 years, there was born she who 16 years later was to become his wife. It would appear that John was a frequent visitor to the home of his future life-companion & very soon after her birth he asked her mother, Rebecca Willson Smith, that he be given the promise then & there that the child in after years might be his wife. Strange as it may appear, the youngster carried out his engagement. A promise was always a promise, then as in after life.

Obituary:
. CUMMER, Mrs: relict of the late John Cummer, died of paralysis at Waterdown, 11th inst.
Ref: Canada Christian Advocate 1858-1872, April 13, 1870, Pg 3, DN.

. Died, At her late residence, Waterdown, On Monday, the 11th inst, at 7:30 a.m., Sarah Lockman, relict of the late John Cummer, aged 64 years. The funeral will leave the Yonge street station Toronto, on Wednesday, the 13th inst. on the arrival of the train living Hamilton at 9:20 am, & will proceed to the Necropolis. friends & acquaintances are respectfully invited to attend.
Ref: The Globe Newspaper, Toronto.
Transcriptions by PJ Ahlberg. Thank you. - - -

Birth:
Born Yonge Street.

Died:
COD: Diopsy, 10 Weeks.

Buried:
Tall red granite pillar monument.

Notes:

Jacob is the son of Daniel Kumer.

. Jacob was of medium height, weighing about 180 or 160 pounds. He had a fair complexion & chestnut hair, with rather short side whiskers.

. UCLPetition 5, Y Bundle 5, C2980, p381. Yonge Street Impassible
To His Excellency, Governor Peter Hunter,
We the inhabitants of Yonge Street being subjected to such inconveniences by Reason of the Road to town being unpassable for most parts of the year, as to prevent our being able to carry our produce to market, do pray your Excellency to take our situation into your wide consideration and devise some means to enable us to make a good and passable Road by mobilizing an company independent of owning land on the Street, to do his proportion thereof.
Signed, Yonge Street, 16th January, 1800
Signed: {Baron] Fred V. Hoen Grt, Walter Moody, Thomas Hill, Jacob Cummer, John Evenson, Joseph Johnson, Nicholas, Johnson, Abraham Johnson, John Willson, SR, John Lyon, Anthony Hollingshead, Balsar Munshaw, Elisha Dexter, John Willson, Jur, Sil Willson [Stillwill.], James Ruggles, John McDougall, Ephriam H. Payeson.

. Ontario Land Registry North York Abstract Book 11, p8
Lot 17, 1EYS
. 1801 Aug 10, Patent, Crown, to Jacob Comar, All 190 Acres.

. Methodist minister Rev Mr Whiethead arrived in Godrich & preached his first sermon in the dwelling house of Jacob Commer.
Ref: Clinton News Records, pub. 1912.11.21.
.
* The following, from the highly recommended: * The CUMMER MEMORANDA, North York Public Library, Toronto, (& as of 2010) www.archive.org/stream/cummer00cummuoft. Published 1901 by Wellington Willson Cummer, Esq., & Clyde Lottridge Cummer, is a worthy example of family history. - PJ Ahlberg.

Yonge St., Willowdale, Upper Canada. Jacob Cummer selected 300 acres of land on which he commenced to make a home amidst the heavy pine forest. His good judgment was shown in choosing a tract one-half of whose acreage was pine, the rear part of the farm being hard-wood, with fine soil & gently rolling land. The location proved to be a wise one so he built a log house & commenced the labor of clearing off the timber. The earth soon began to yield a good living. Of course the wild animals of the forest gave him as well as all the other settlers much trouble. Bears destroyed the wheat, gathering the grain together with their paws, hugging it & eating off the heads. In this manner a large part of the crop would be destroyed. Then the wolves killed the sheep & hogs & the foxes preyed upon the chickens, lambs & small pigs. However, the early pioneers were diligent and watchful & waged war upon these pests by trapping & shooting. For this warfare they used the old-fashioned flint-locked army musket. Indeed there were at first only t3 of them within a radius of 4 miles.

Jacob's early education was obtained at the common schools & before he attained his majority he became a flour miller, learning his trade at Lockport, NY. For a time he operated the mils at Reading Mills, near Willowdale.

During the Rebellion of 1837, MacKenzie s printing press was hidden in an old dry well back of Joshua Cummer's farm.

“When & why the "K" of the family name was changed to "C" are questions we are not able to settle definitely. An interesting tradition tells us that Jacob Cummer himself made the change because he found it easier to mark his grain bags with a "C" than with a "K." Evidently the change was made before his death. Mrs. Joshua Cummer says that it was during the boyhood of her husband. As Joshua was married in 1835, we are safe in saying that the change was made before that time."

. 1834 August 30th, WILL OF JACOB CUMMER
IN THE NAME OF GOD, AMEN. I, JACOB CUMMER of the Township of York in the Home District in the Province of Upper Canada, Husbandman, being weak in body, but of sound & perfect mind & memory considering the uncertainty of this mortal life, make & publish this last Will & Testament: 
. I desire that my just debts & funeral charges be well & truly paid out of my movable property. 
. Wife ELIZABETH CUMMER shall have comfortable support for life off of the 285 acres of land & in case she may choose to remain on the premises upon which I now reside she is to have possession of the west half of the house, the garden with all fruit trees in or around said garden, also all my household furniture & live stock, & she my wife shall, if any of my children which are now living with me should marry or become of lawful age go to such of my heirs as she may deem a proper portion of the movable property of my estate, & in case my wife ELIZABETH shall wish to leave the premises which I now reside to live with any other person or persons she shall have all the proceeds of the 285 acres of land above named; the sum of £30 currency yearly to be paid £10 currency by Samuel Cummer when they get lawful possession of their respective lots as specified in this m y last Will & Testament. 

. Unto my son Daniel a tract of land & premises in the Township of York in the District & Province aforesaid, being composed of the north half Lot 23 in the 1st Concession on the east side of Yonge Street of the York Township forever. 

. Unto my son JOHN that certain tract of land & premises in the to worship of York, Lot 22 on which my sawmill is now erected in the 2nd Concession of the York Twp. ESYonge, containing about 50 acres, together with said sawmill & appurtenances forever, subject to the following encumbrances, namely: 
. THAT in one year next ensuing after my death the sum of £50 currency - to my daughter MARY, wife of John Willson, 3rd,
- sum of £50 currency is to be paid unto my daughter Elizabeth, wife of Peter Lawrence in 2 year next ensuing after my death,
- Unto my daughter Sally in 3 years next £50 unto my daughter Nancy in 4 years next. 
. Unto my son Jacob Cummer, west halves Lots 4 & 5, Con 2, Vaughan, Twp., containing 200 acres. 
. Unto my son DAVID, land & premises in the Township of York in front half of Lot 21 in the Second Concession of the said York Twp., ESYonge Street, containing 100 acres forever, reserving out of the same 2 rods along the north side for the accommodation of a road. 
. Unto my son Joshua, south half of Lot 19, Con 1 ESY, & the north part of Lot 18 being contiguous to the part of Lot No. 19, commencing on Yonge Street at the center of the lane leading from Yonge St. through the centre of said land eastwardly for the distance of 40 chains, from thence a line to run in such direction eastwardly as will include in this parcel or tract of land the one-half of the premises of 285 acres of land, being the tract on which I now reside, reserving for the purpose of a sight for a Meeting House one-half an acre on northwest corner of that part of Lot 19, above mentioned containing by a measurement 8 rods from NE corner where a post has been planted in front. I give & bequeath for the sight of a Meeting House forever, & my desire & request is that the Episcopalian Methodist shall have the privilege of fulfilling their appointments & of hold conferences & any other general or quarterly meeting & that the trustees of the said Meeting house be empowered to let other Christian Denominations occupy the house as they may think proper.
After said deduction being made I bequeath & devise unto him my son Joshua, possession & enjoyment of all & every part & parcel of the above mentioned tract or parcel of land with the appurtenances & to his heirs & assigns forever. 
. Unto my youngest son Samuel, land & premises contiguous to Joshua's southern bound on which I now reside containing about 142 acres of land forever. 
. Also unto my sons Joshua & Samuel each one horse,
a set of harness,
a plough & harrow,
one cow,
one bed, bedstead & bedding after my decease out of the goods & chattels.
The Horse & cow to be of good quality.
Executors shall equally divide or sell & equally divide the proceeds among all my children share & share alike in my household furniture, live stock or farm utensils if there be any such remainder which my wife Elizabeth should not deem fit to dispose of or keep for her own use. 

. Executors obtain the proceeds of said lands above mentioned, that the proceeds be equally divided among all my surviving children, that is to say, my sons, Daniel, John, Jacob, David, Joshua & Samuel & my daughters Mary, Elizabeth, Catherine, Sarah & Nancy or their heirs,
then my wife ELIZABETH is to possess all the residuary of my money so left, one-third of which is to be her own & the two-thirds to be equally divided among all my surviving children or their heirs & for their use an d benefit. 

. Executors Robert Irwin of the York Twp., my son-in-law, & John Cummer my son of the same place, & my beloved wife, Elizabeth,

. Signed, Sealed, published an declared by the said JACOB CUMMER as) for his last Will & Testament in the presence "JACOB CUMMER" names are hereunto written, &) who each of us subscribed our) names as witnesses at his request & in his presence at the James Bell, time & place as above written. John Willson, 4th, & James Wanhope. 

I also declare & publish this as part of my last Will &Testament by me made & executed this 30th August, 1834.

. Deeds of Conveyance from John Willson 3rd, of 4 Town Lots situate in the Town of Goderich in the London District, & also on which his dwelling house, outhouses & tannery is situate, & whereas the said John Willson 3rd, has the privilege of redeeming the above lands within 5 years from the 14th of August, 1834,
& in case of his default or non payment then I give & devise all the above named parcels of land unto my daughter Mary, wife of the said John Willson, 3rd, for & during her natural life & after her decease my will is that the above named property is to be equally divided amongst their heirs after deducting from the said lands the amount due me from the said John Willson, 3rd. The money to raised out of the lots that the dwelling house does not occupy. 
. IN WITNESS WHEREOF I have set my hand & seal this day & year above written. In the presence of us witnesses: John Willson, 4th,
JACOB CUMMER, James Bell, James Wanhope.
Probated 2 March 1842.
Proved by Robin Irwin & John Cummer, Executors.

Research & transcriptions by PJ Ahlberg. Thank you. - - -

Ontario land Registry, Vaughan Book 181, p 49. & 76
. Lot 4, Con 2 West Yonge Street, Vaughan Twp., York Co.
. 1797 May 30, Bargain&Sale, Ricd Lippincott, to Jacob Comer, All acres.
. 1832 Jul 23, B&S jacob Cummer Sen. to Dan Cummer, 5 Shillings East End Acres.
. 1832 Dec 7, B&S, JC Sen. to Robert Arnold, $225, Part Acres Lot 4.
. 1842 Nov 8, Mortgage, Robt Arnold to Anthony Bowes, Lot 5.

THE WILL OF JACOB CUMMER :
The following is a copy of the Will and Codicil of JACOB CUMMER as appears in the Registry Office for the County of York, as Number 91406, the said Will and Codicil having been probated on the 2 of March, 1842, the said deceased at the time of his death having a fixed place of abode at the Township of York in the Home District. The said Will was proved by Robert Irwin and John Cummer, the Executors named therein.

IN THE NAME OF GOD, AMEN. I, JACOB CUMMER of the Township of York in the Home District in the Province of Upper Canada, Husbandman, being weak in body, but of sound and perfect mind and memory considering the uncertainty of this mortal life, do this day the 30th day of August in the year of our Lord 1834. make and publish this last Will & Testament in manner and form following, that is to say :

1. I desire that my just debts and funeral charges be well and truly paid out of my movable property.

2. It is my bequest and desire that my wife ELIZABETH CUMMER shall have comfortable support for life off of the 285 acres of land above named, and in case she may choose to remain on the premises upon which I now reside she is to have possession of the west half of the house, the garden with all fruit trees in or around said garden, also all my household furniture and live stock, and she my wife shall, if any of my children which are now living with me should marry or become of lawful age go to such of my heirs as she may deem a proper portion of the movable property of my estate, and in case my wife ELIZABETH shall wish to leave the premises which I now reside to live with any other person or persons, she shall have all the proceeds of the 285 acres of land above named ; the sum of 30 pounds currency yearly to be paid ten pounds currency by Samuel Cummer when they get lawful possession of their respective lots as specified in this my last Will and Testament.

3. I also give and devise unto my son Daniel all and singular that certain parcel or tract of land and premises in the Township of York in the District and Province aforesaid, being composed of the north half lot 23 in the First Concession on the east side of Yonge Street of the said Township of York to hold, occupy and enjoy same free of any encumbrance whatsoever and to his heirs and assigns forever.

4. I also give and devise unto my son JOHN all and singular that certain parcel or tract of land and premises in the Township of York being composed of that part of Lot 22 on which my sawmill is now erected in the second Concession of the Township of York on the east side of Yonge Street, containing about 50 acres more or less, together with said sawmill and appurtenances thereto belonging, to have, hold, occupy and enjoy same and to his heirs and assigns forever, subject to the following encumbrances, namely:

1. THAT in one year next ensuing after my death the sum of £50 currency is to be paid out of the said estate to my daughter MARY, wife of John Willson, 3rd, without any desalcation or omission and the like sum of £50 currency is to be paid unto my daughter Elizabeth, wife of Peter Lawrence in two year next ensuing after my death, and the like sum of £50 currency is to be paid unto my daughter Sally in three years next ensuing after my death, and the like sum of £50 currency is to be paid unto my daughter Nancy in four years next ensuing after my death or their heirs equally divided.

5. I give and devise unto my son Jacob Cummer by Deed of Conveyance the west halves of Lots 4 & 5, in the 2nd Concession in the Township of Vaughan, District and Province aforesaid, containing 200 acres.

6. I give and devise unto my son DAVID all that certain parcel or tract of land and premises in the Township of York in the Home District and Province aforesaid, being composed of the front half of Lot 21 in the Second Concession of the said Township of York, on the east side of Yonge Street, containing 100 acres more or less to occupy and enjoy with the appurtenances and to his heirs and assigns forever, reserving out of the same two rods in width all along the north side of said parcel or tract of land for the accommodation of a road.

7. I give and devise unto my son Joshua all and singular that parcel of land composed of the south half of Lot 19 in the First Concession of the Township of York, east side of Yonge Street, and the north part of Lot 18 being contiguous to the part of Lot No. 19 last above mentioned Commencing on Yonge Street at the center of the lane leading from Yonge Street through the centre of said land eastwardly for the distance of 40 chains, from thence a line to run in such direction eastwardly as will include in this parcel or tract of land the one-half of the premises of 285 acres of land, being the tract on which I now reside, reserving for the purpose of a sight for a Meeting House one-half an acre of the aforesaid parcel of land, situate, and being the northwest corner of that part of Lot 19 above mentioned containing by a measurement eight rods from north west corner of the said one-half Lot where a post has been planted in front of said Lot southerly in direction of Yonge Street, thence westerly in the direction of the said lines of the Lot, 10 perches including the aforesaid content of one-half acre which parcel of land I give and bequeath for the sight of a Meeting House forever, and my desire and request is that the Episcopalian Methodist shall have the privilege of fulfilling their appointments and of hold conferences and any other general or quarterly meeting and that the trustees of the said Meeting house be empowered to let other Christian Denominations occupy the house as they may think proper. After said deduction being made I bequeath and devise unto him my son Joshua, possession and enjoyment of all and every part and parcel of the above mentioned tract or parcel of land with the appurtenances and to his heirs and assigns forever.

I give and devise unto my youngest son Samuel, all and singular that certain parcel or tract of land and premises contiguous to my sons Joshua s southern bound and being the south half of premises or tract of land on which I now reside, Commencing at Joshua Cummer' s southwest corner and the centre of the lane on Yonge Street which runs with Joshua s southerly boundary line to the rear or eastward and of the said parcel or tract of lands containing about 142 acres of land more or less to hold, occupy and enjoy the same free of any encumbrance whatsoever with the appurtenances and to his heirs and assigns forever.

I also give unto my sons Joshua and Samuel each one horse, a set of harness, a plough and harrow, one cow, one bed, bed stead and bedding after my decease out of the goods and chattels. The Horse and cow to be of good quality. And my will is that my executors hereinafter mentioned after my decease shall equally divide or otherwise proceed to sell and equally divide the proceeds among all my children share and share alike in my household furniture, live stock or farm utensils if there be any such remainder which my wife Elizabeth should not deem fit to dispose of or keep for her own use.

Also I will and ordain that the executors of this my last Will and Testament or their executors for and toward the performance of my said Testament shall after my decease, bargain, sell, and alien in fee simple and of every part and parcel of lands with their appurtenances which I now possess which I have not hereby given and devised or that I have not granted, bargained or sold. I do hereby give to my executors or their executors full power and authority to grant, alien, bargain, sell and convey all such lands above mentioned to any person or persons and their heirs forever in fee simple by all and every such lawful means in the law as to my said executors or their council learned in the law shall deem fit or necessary.

And I will that as soon as my Executors obtain the proceeds of said lands above mentioned, I desire that the proceeds be equally divided among all my surviving children, that is to say, my sons, Daniel, John, Jacob, David, Joshua and Samuel and my daughters Mary, Elizabeth, Catherine, Sarah and Nancy or their heirs, And it is also my will and desire that all moneys I may possess at the time of my death and all such notes, debts and book accounts as may be collected by my executors or executrix and after my funeral charges are paid as also my just debts paid and my said executors paid for their trouble, then my wife ELIZABETH is to possess all the residuary of my money so left, one-third of which is to be her own and the two-thirds to be equally divided among all my surviving children or their heirs and for their use and benefit.

I also hereby empower my executors to make Deeds of Conveyance in fee simple for any lands by me sold and the Conveyance not executed and I do constitute and ordain Robert Irwin of the Township of York, my son-in-law, and John Cummer my son of the same place, and my beloved wife, Elizabeth, my executors of this my last Will and Testament and do such things as may be lawful and just in and about the premises as heretofore divided and directed. Signed, Sealed, published and declared by the said JACOB CUMMER as) for his last Will and Testament) in the presence of us whose) "JACOB CUMMER" names are hereunto written, and) who each of us subscribed our) names as witnesses at his re-) quest and in his presence at the) James Bell, time and place as above written.) John Willson, 4th and James Wanhope.

I also declare and publish this as part of my last Will and Testament by me made and executed this 30th August, 1834. My Will is that whereas I hold Deeds of Conveyance from John Willson 3rd, of 4 Town Lots situate in the Town of Goderich in the London District, Province of Upper Canada, and also on which his dwelling house, outhouses and tannery is situate, and whereas the said John Willson 3rd, has the privilege of redeeming the above lands within five years from the 14th of August, 1834, and in case of his default or non payment then I give and devise all the above named parcels of land unto my daughter Mary, wife of the said JohnWillson, 3rd, for and during her natural life and after her decease my will is that the above named property is to be equally divided amongst their heirs after deducting from the said lands the amount due me from the said John Willson, 3rd. The money to raised out of the lots that the dwelling house does not occupy.

IN WITNESS WHEREOF I have set my hand and seal this day and year above written. In the presence of us witnesses : John Willson, 4th JACOB CUMMER, James Bell, James Wanhope. - - -

Birth:
Cummer Ave. & Yonge St., Toronto

Died:
Cummer Ave. & Yonge St., Toronto, Aged 74 y.

Buried:
Methodist Church, Willowdale

Jacob married Elizabeth FISHER, .1 on 25 Apr 1791 in Rockingham Co., Virginia. Elizabeth (daughter of Cprl. Jacob FISHER, The Elder and Anna Maria MARY SCHIEDECKER) was born on 31 Mar 1775 in Somerset Co., Pennsylvania; died on 31 Mar 1854 in Willowdale (Toronto), York Twp., Ontario; was buried in Cummer Burial Grounds, Willowdale. [Group Sheet] [Family Chart]

Notes:

Elizabeth is the daughter of Anna Maria Schedecker, b. c. 1745 Chester Co., Penn & Jacob Fisher, of Somerset Co., Penn.
. Elizabeth, Jacob Cummer, their 3 children & her father, Jacob Fisher The Elder, left Somerset & came to Upper Canada in a Conestoga covered wagon.

. When Jacob & Elizabeth spent their first winter in a log cabin in the wilderness in Eglinton area, north of the Town of York. One day Elizabeth look up from her chores to see an Indian staring from the door at a knife on the table. To get rid of him she gave him the knife. Sometime later, the Indian returned with a cradle he had made for her son John.

. Elizabeth survived him about 12 years & after his death lived with her daughter-in-law, Mrs. Joshua Cummer. She was a good, strong minded woman, who could rule without being known as the ruler. As one of her grandchildren has written "she was what the Scot would say 'a woman o' pairs.' She attended to the moral & other affairs of the daily routine & used what was handiest in the due repression of any evil doing or intent on the part of the large family which looked to her as captain & helmsman." Her disposition was of the kindly yet masterful type; & being full of discretion she was of great aid to her husband.
Ref: An addendum to the Cummer Memorandum: pertaining to the Mallmann family, Walter LeRoy Mallman, 1976.

. The Cummer Memorandum:
1837 Rebellion. During this time David Gibson was safely concealed behind a panel or invisible door in the log-house of Jacob Cummer, where he had been hidden by Elizabeth Cummer when he first sought refuge. Here he remained 3 days, while the soldiery ransacked all the houses in the neighborhood. When they appeared at the Cummer home & told Mrs. Cummer that they were hunting Gibson, she answered "all right, but you will not find him," & they did not.

. 1842 Mar 2 - WILL of husband Jacob Cummer,
It is my bequest & desire that my wife Elizabeth Cummer shall have comfortable support for life off of the 285 acres of land above named, & in case she may choose to remain on the premises upon which I now reside she is to have possession of the west half of the house, the garden with all fruit trees in or around said garden, also all my household furniture & live stock.

Recorded for further research
. 1874 Jan 14 - Marriage Announcement - At Willowdale, on New Year's Day at the residence of the bride's grandfather, by the Rev James Osgar,
Thomas Lawless, Esq., late of Cobourg& brother-in-law of C Powell, Newtonbrook, to
Miss Mary Helen Moore, granddaughter of Jacob Cummer, Esq., Willowdale, P.M.
Ref: The Globe Newspaper, Toronto.

Children of Elizabeth Fisher & Jacob Cummer are:
1. Mary Cummer, b: 26 May 1792 in Philadelphia, Pennsylvania
2. Elizabeth Cummer, b: 30 Nov 1793-1881 Apr 4, Willowdale, York Co., Ontario,
m. 1812 Peter R Lawrence
3. Daniel Cummer, b: 21 Jan 1795 Philadelphia - 1882 Dec 8. Welland, Ontario
4. John Cummer, b: 28 Mar 1797 Philadelphia
5. Katherine Cummer, b: 10 Dec 1799 in Philadelphia, Pennsylvania
6. Jacob Cummer Jr, b: 20 Nov 1800 in Willowdale, York, Ontario, Canada -16.3.1880 Willowdale,
7. David Cummer, b: 31 Jan 1803 Willowdale,
8. Joseph Cummer, b: 19 Sep 1804 19.9.1804-9.4.1813 Willowdale,
9. Sarah Cummer, b: 28 May 1806 Willowdale,
10 Nancy Cummer, b: 16 Jan 1808 Willowdale,
11. Joshua Cummer, b: 19 Sep 1810 Willowdale,
12. Peter Cummer, b: 10 Sep 1812 - 10.2.1813,
13. Samuel Cummer, b: 2 Dec 1, Willowdale, York, Ontario - - -

Died:
One & half story brick house, East side Yonge St.

Notes:

Recorded for further research:
D W Smith, Survey General, under GS Simcoe, early Town of York.
There are a great many documents with DW Smith, signed in his capacity as Survey General.

1804 Lieutenant of Counties David W Smith's house was at the east end of the town. It stood on the north side of King street, a little east of Ontario street, in a great vacant lot. The house which was one storey high is shown in the illustration. It was called Maryville, & its location is given in both of the maps drawn by Mgt Smith in 1794, both of which accompany this article. The house faced King St.. At one end was Mr. Smith s office. About 200 feet to the east of the he use were the stables & outhouses. The house was built in 1794. It was of frame, & owing to the
the fact that it was painted yellow, it after ward acquired the appellation of " The Yellow House."

. 1800 - DWSmith, Acting Surveyor General.
. 1801 Hon DW Smith is down as subscriber for £10 for the opening & improving of Yonge St.
Years after Mr. Smith had ceased to occupy Maryville, the cottage was taken
by Mr. Castle, a school master, who kept a school there in one of the large rooms of the house. Papers collected by Col DW Smith, son of the last British officer who commanded the Fort Niagara, given to the Americans in 1796. Col. Smith, the younger, accepted the position of Surveyor- General under Gov. Simcoe in 179x, & held that office until 1804. When he left the county he received the thanks of all branches of the Government under which he served & a bonus amounting to 329 6s. He succeeded to a baronetcy in Northumberland & died in 1837. Simcoe Place: he larger map shows the Government House & grounds, south of King street, on the site of the old jail & the location of Maryville on the north-east corner of King & Ontario streets. The grounds were beautifully laid out. The maps & elevation of the house are beautifully drawn, equal to what could be done in the best architect.

Ontario Land Registry
Town of York Book 151, page 324
Lot 2, Stoyells Blcok
1798 Jul 23, Grant, Carown, to D W Smith, 7 acres
1798 Mar 6, Grant, Anne Smith, 1 acre
1818 Oct 6, David Wm. Smith, to Thomas Stoyell, £1200, Loats & 5 north of King St., formerly Duke St.

. UCLPetition 3, S Bundle 4, York, 2 January 1807, Microfilche C2807:
To Peter Russel, With our Honors permission, he has purchased Lot 21, 2nd Con of York, as the receipt from Abner Miles,
Signed, D W Smith, York, 29 Jan 1797.
Permission to transfer. PR.

Petition 14, S Bundle 1, C2805, pr 1177.
To Gov. JH Simcoe,
Memorial of DW Smith, Flattered by your Excellences goodness, your Memorialist though himself bound to expensive the profits of his employment in the Province, which induced him to build at Newark, the building has already cost upwards of £1000 sterling, & will cost at least £500 more to finish it. He prays that a small irregular gore of land in Newark Twp. be grand to its at being unclaimed, that more than 50,000 acres (!!!) & he will give up as much land in River Latranche as mediated every improvement on the land granted to him by our Excellency.
Signed, Niagara 15 Feb 1794. DW Smith, Esq. Granted unconditionally.

War of 1812: Board of Claims for Losses, Ref t-1124,p138
Claim 9, D W Smith, Esq. Claims renumeration for damaghe arose to this house & premises at York, when occupied [by US enemy] as a ramsack & hospital from March 1813 to March 1816. Wherefore the same amoung above period £96. Total claim £238.15 Remarks: This Claim ordered to be returned to Claiments Attory. Being reco erable againts the Barrak? Department.

Ontario Land Registry, Toronto Book 683, p87
Lot 2 AND 3, North side of George St, TOWN OF YORK
.1798 Mar 6 AND July 23, Grant, Crown, to David S Smith, 1/5 Acre Front & Rear part
. 1802 Jul 21 Deed Ex. J Small, to D W Smith
. 1818 23, David Wm Smith, to Thos Stoyell, Rear Half [Note no record noted for front half of lot.]

Ontario Land Registry, Toronto Book 683, p89
Lot 4 North side of George St, TOWN OF YORK
. 1796 Dec 15, Grant, Crown, to Dav W Smith, 2/5 acre
. 1796 May 3, Bargin &Sale, John Kendrick, to David W Smith
. 1818 Oc 23, Lease & Rec, D W Smith, to Thomas Stoyell, N rear Half

Lot 5, North Side King Street, Town of York Book 683, p89
.1798 Dec 31, Grant, Crown, to Hon, D W Smith, X a.
. 1818 Oct 23, Le & Release, D W Smith, to Thos Stoyell, £1200, All etr al Acres.

. Reseach & transcription by P J Ahlberg. Thank you. - - -

Birth:
Alt DOB: 1786 Upper Canada.

Died:

David married Rebekah WILLSON, .1 on 15 May 1804 in St. James Anglican Cathedral. Rebekah (daughter of Lieut. John WILLSON, Jur.2 and Sarah LAKERMAN) was born on 31 Mar 1789 in Miramichi, Northumberland Co., New Brunswick; died on 23 Feb 1853 in Agincourt (Scarborough, York Co., Ontario; was buried in Knox Presbyterian Cemetery. [Group Sheet] [Family Chart]

Notes:

Rebekah is the daughter of Sarah Lakerman & John Wilson, Jur. II.

Rebekah Willson's first husband was David Smith;
Rebekah Willson Smith's second husband was Alexander Montgomery, JR.

Two Willson siblings married two Montgomery siblings:
Alexander Montgomery.III was Rebecca Willson's 2nd husband.
Stillwill Willson The Younger's 2nd wife was Slatira Montgomery.

. 1815 Sep 27, York. This day were married by special license,
Alexander Montgomery &
[ i.e. widow} Rebecca Smith of the Township of York.
by Rev. John Strachan. This marriage was solemnize between us,
Alexander Montgomery & Rebecca Smith.
Witnesses: Wm. Chaurun & Statina Montgomery.
Note1: Rebecca Montgomery's first husband, David Smith was deceased.
Alexander's sister, Statina Montgomery, was a witness.

. UCLPetition 64, S Bundle 8, York, 2 January 1807, Microfilche C2809:
To. Lieut. Gov. Francis Gore,
The petition of Rebecca Smith, of the Township of York, Home District.
That your petitioner is the daughter of John Willson Jr. of Lot 18, West side of Yonge, Twp. of York, a UEL (son of John Willson Senior of Markham).
Your petitioner is married to David Smith. She asks for 200 acres of wasteland of the Crown.
She permits her father, the said John Willson, Junior, to be her agent & to take out the patent.
York, 2nd January, 1807, Rebekah Smith.
Received from herself. Witnessed, J Small, J.P., 2 January, 1807, Town of York., in Land Book G, page 24, Recommended for 200 acres. Warrant Z. 4 ? Sent to Surveyor Generals office, 14 Jan, 1807.

. 1816 Aug 9 - WILL of John Willson Jur.2, To daughter Rebecca $100 paid equally by John.3 & Stilwell Willson. To granddaughter Sarah Smith be paid $200 and two cows and eight sheep when she arrives at 18 years and also one bed and bedding which in now in the house
Note2: John Willson.2 died 27 Dec 1818.

Note2: Actually John Willson, Junior.2 is a United Empire Loyalist himself as he took part in the Revolution by driving his father's wagon & acting as a guide. - PJA 2009. - - -

Birth:
Ref: Spelling of Rebekah, 2 signatures UCLP.

Died:
(Scarboro is now part of Toronto. )

Buried:
/St. John the Divine, Agincourt (Scarborough), Ontario

Notes:

Married:
by Rev. Geo. O'Kill Stuart