Wayne Nicholas never got to celebrate his greatest victory.

The 70-year-old Tobique First Nation man who spearheaded the band's land claim for decades, died on the same day his community voted to accept a nearly $40 million dollar land settlement.

Nicholas made it his life's work to keep the claim going, but never got to cast his ballot.

He lost consciousness from heart problems as community members overwhelmingly voted in favour of accepting the federal government's offer.

Wendall Nicholas, the nephew of Wayne, said time will tell whether his uncle would have been pleased with the outcome of the vote. Wendall Nicholas believes his uncle held on until voting day, so he could see the community have its say.

"He kept asking family members what was the date. What day was this and I think [he] wanted to be with us on the day of this vote," said Wendall Nicholas.

The settlement involved 4,046 hectares of land near the reserve, south of the Tobique river. The lump sum is compensation for the land, which was taken over by Ottawa more than a century ago.

Legally blind residential school survivor

Persistence was an overarching theme in Nicholas's life. The Tobique elder was born legally blind.

He was sent to a residential school in Shubenacadie, Nova Scotia, where he said he was often disciplined for his visual impairment.

Wayne Nicholas said he was proud to have survived residential school in Shubenacadie, Nova Scotia. (CBC) "[The priest] had me in a hammerlock and he said Wayne if you don't behave, I'm going to send you to a mental institution," Nicholas told CBC News last year at a ceremony honouring residential school survivors.

"I'm proud I survived that," Nicholas said in 2012.

Nicholas's past trauma seemed to fuel his dogged determination to fight for the disputed land.

But it's not clear whether he was in favour of the government's offer.

Former Tobique First Nation Chief Stewart Paul said the federal government is "getting away real cheap" with its $39-million land claim settlement. (CBC) Some community members, including former Chief Stewart Paul, are concerned the First Nation isn't being fairly compensated, while others worry so much money all at once will be destructive for community members struggling with alcohol and drug abuse.

Each of the more than 2,000 band members will receive at least $13,500 from the land claim.

Did Nicholas support Feds' offer?

Erin Perley served on band council with Nicholas for years.

"He was a legacy to us," said Perley.

Former band councillor Erin Perley said he's not sure whether Wayne Nicholas thought the federal government's offer was fair and would have voted yes. (Julianne Hazlewood/CBC) Perley isn't sure how Nicholas would have voted, but he thinks he would have been happy with how the vote turned out.

"I think he was pretty happy when it was first initiated again for the process to go on," said Perley.

Wendall Nicholas thinks time will tell as to whether Wayne would have been pleased with the results.

Chief Ross Perley said now that the long-standing land claim is on its way to being resolved, he's diverting his attention to four other possible land claims in the area.