Will of Joseph Bigg, bricklayer, 1740 (proved 1741)

National Archives, PROB 11/709/307

In the Name of God Amen I Joseph  Bigg of Winslowe in the County of Bucks Bricklayer being somewhat indisposed in Body but of sound Mind Memory and Understanding praised be Almighty God this fourteenth day of June in the year of our Lord One Thousand seven hundred and Forty make this my last Will and Testament in manner following First I bequeath my Soul to God that gave it  As to my Temporal Estate I dispose thereof as followeth I give unto Mary my most indulgent loving Wife the Sum of Thirty pounds to defray the charges of my Funeral I also give unto the said Mary my Wife all my Bills Bonds and Mortgages and the money due therefore for the payment of my debts I also give unto the said Mary my Wife the Messuage or Tenement wherein I now dwell with the Appurtenances to her and her heirs for ever subject to the payment of one hundred pounds to supply defect of Assets in case my personal Estate should be insufficient I also give unto the said Mary and her heirs my Right and interest in the mortgaged Tenements surrendred to me and my Heirs by John Illing to the Intent she may joyn with him in a Surrender to any purchaser I also give unto the said Mary my loving and indulgent Wife all and every my Freehold and Copyhold lands  Tenements and Hereditaments whatsoever and whosoever for the term of her natural Life Subject to the payment of one Annuity or yearly sum of five pounds of lawfull British Money unto Sarah my sister to be paid into her own hands  quarterly the first payment to be made in three Calendar Months after my decease and her Receipt only shall be a discharge But in case  Mary White of Owlswicke in the said County Widd(ow) shall happen to depart this life before the said Mary my Wife Then I give unto the said Mary my Wife and her heirs all those my Copyhold Lands and Tenements held of the manor of Moncks Risborough which are lyable to the payment of three hundred pounds and one hundred pounds To the intent the same may be sold for the payment therepf But in case the said Mary my Wife shall depart this Life before the said Mary White Then I give the same Copyhold Tenements last mentioned unto my Nephew Joseph Bigg and his heirs subject to the payment of the said several sums of three Hundred and one Hundred pounds as aforesaid Also I give unto the said Joseph Bigg my nephew and his heirs the Reversion after <my> Wife's decease of all my Freehold and Copyhold Lands and Tenements except what I have given to my said Wife and her heirs) Subject to the payment of ten pounds \to Ann Bigg Mother of the said Joseph and ten pounds/ apeice to his Sisters Ann and Sarah in twelve months after my Wife’s decease I also give unto Ann Pleasant Elizabeth and Hester the four daughters of William Dawney four Guineas to <be> divided All the rest of my personal Estate I give unto the said Mary my Wife who I appoint my sole Executrix Witness my Hand and Seal the day and year first above written
Jos: Bigg –
Signed sealed published and declared in the presence of us who have hereunto subscribed <our> names in the presence of the Testator and each other
Susah. Merwin Nicho: Merwin  William Sympson

A Codicil to be annexed to the last Will of me Joseph Bigg
[p.2] I being minded not wholly to revoke my Will but alter only as herein after mentioned That is to say As to all my copyhold lands and Tenements in Winslow (Except my Dwelling House with the appurtenances charged in my Will with the payment of one hundred pounds towards payment of my debts in case my personal Estate shall not be sufficient) Then I give the same premises unto Mary my Wife and her heirs in Trust to supply the defect of assets to pay my lawfull debts And as to all that my Cottage or Tenement in Owlswick  late Smiths with the Closes of Arable Land Meadow and Pasture Ground thereto near adjoyning containing by Estimation five acres more or less and all that Cottage or Tenement to the same Closes adjoyning used for making pot ash with all Trees Hedges Ditches Freeboards Ways Waters Watercourses Commons and Appurtenances thereto belonging or appurtaining I give the same premises unto Mary my Wife and her heirs In Trust to supply the Defects of Assets to pay my lawfull debts And in case there shall not be a defect of assets and my Wife shall not sell the same premises or any part thereof in this Codicil I mentioned to supply a defect of Assets Then I give the same premises unto Joseph Bigg my Nephew and his heirs And I do revoke my Request mentioned in my said Will to my said Nephew as touching the same prem(is)es only and I desire my said Wife to give or convey the same accordingly to take Effect after her decease Witness my Hand and Seal this sixteenth day of June One Thousand seven hundred and Forty 
Jos: Bigg  -
Signed sealed published and declared in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the Testator and of each other.  Nicho: Merwin       Susah. Merwin William Sympson.

A further Codicil to be annexed to my Will   
I being minded not wholly to revoke my Will and Codicil but alter only as is herein after mentioned That is to say I give unto Sarah my Sister the further Yearly sum of five pounds of lawfull British Money to be paid into her own Hands Quarterly the first payment to be made in three Months after my Wife’s decease And my Will is the Receipt of the said Sarah only shall be a discharge for the same And that all and every my Freehold and Copyhold Lands Tenements and hereditaments shall be subject to the payment thereof  I also give unto John Doe of Swanbourn the Sum of five pounds to be paid in twelve Months after my Decease  Also my Nephew Joseph Bigg and my Neices Ann and Sarah being dead since the making of my Will I revoke my Bequests to them both in my said Will and my first Codicil But in case Mary my Wife shall depart this Life before Mary White in my Will named Then I give my Copyhold Tenements held of the Mannor of Monks Risborough unto John Bedder the Younger of Prince Risborough Scrivener and
[p.3] James Samuel [r. margin: Original so] Stratton of the same Victualler and their heirs In Trust to be sold for the payment of three Hundred pounds and one Hundred pounds chargeable thereupon And after payment thereof Then In Trust for Joseph Bigg son of my Nephew Joseph Bigg his Heirs Executors and Administrators  Also I give unto the said Joseph Bigg son of my said Nephew the Reversion after my Wife’s Decease of all my freehold and Copyhold Lands and Tenements (Except what I have given to my said Wife and her Heirs) for the Term of his natural Life And after his Decease I give the same premises unto his first and every other Son and Sons of the Body of the same Joseph Bigg and the Heirs Male of his and their Bodys the elder of the said Sons and the Heirs Male of his Body being always preferred before the younger and the Heirs Male of his and their Bodys and for want of such Issue Then I give the same Premises unto George Clark of Winslow in the County of Bucks Woolen Draper William Gibbs (Son of Robert Gibbs) of Winslow aforesaid Farmer James Budd of Winslow aforesaid Lacebuyer William Stimersome of Monks Risborough in the said County of Bucks Farmer Thomas Stimersome of Monks Risborough aforesaid Farmer and Ambrose Fletcher of Monks Risborough aforesaid Farmer and their Heirs Upon this special Trust and Confidence that they the said George Clarke .... and the Survivors and Survivor of them and his and their Heirs shall receive the Rents and Proffits of the said Premises so as aforesaid to them devised and shall pay the same Yearly and every Year to the Vicar of the Parish of Winslow aforesaid in the said County of Bucks for the time being and to the Church-wardens and Overseers of the poor of the same Parish for the time being or to the major part of them the said Vicar and Officers for Ever And to the Rector of the Parish of Monks Risborough in the said County of Bucks for the time being and to the Church-wardens and Overssers of the poor of the same parish for the time being or to the major part of them the said Rector and Officers for Ever equally to be divided That is to say To each parish one Moiety of the said Rents and proffits to the Intent and purpose that one or more poor Child or Children of each parish by the Direction of my said Trustees residing in either parish respectively may be placed out an Apprentice to some Trade And my Will is upon the Death or Removal of two or more of my said Trustees out of either of the said parishes other Trustees shall be appointed by my said Trustees who shall survive in the Room of such as shall be dead or removed such Trustees so to be appointed to reside in the parish where the former Trustee lived so that there may always remain one or two Trustees in each parish in whom the Inheritance of the said premises shall be vested  And my Will is that there shall be a Book of Accounts kept by my said Trustees wherein shall be yearly incerted Receipts and payments relating to their Trust which I desire may be made up yearly and signed by the Minister and Church-wardens of the said respective parishes or the Major part of them respectively
[p.4] to prevent all Disputes And my Will is that all Charges relating to the said Trust shall be paid out of the Rents and proffits of the premises And I give unto my said Trustees the Sum of five pounds apeice to be paid out of the first proffits which shall be received by them ...  Also I give unto Mary the Wife of John Williams of Owlswick in the Parish of Monks Risborough aforesaid Farmer one Guinea to buy her a Ring  In Witness whereof I have to this Codicil contained in two Sheets of Paper set my Hand and to the last Sheet my Seal this seventh day of April One Thousand Seven Hundred and Forty one.
Jos: Biggs –
Signed sealed published and declared in the presence of us who have hereunto subscribed our Names as Witnesses in the presence of the Testator.  Nicho: Merwin.  Wm Sympson.  John Cale son of Tho: Cale of Great Kimbell Servant to Mr. Merwin.

Third Codicil to be annext to my Will
I Joseph Bigg not being minded wholly to revoke my Will and Codicils but to explain and alter the same as hereafter mentioned That is to say I having by my Will charged all my Freehold and Copyhold Lands Subject to the Payment of one Annuity or Yearly Sum of five Pounds unto Sarah my Sister and also with the further Yearly Sum of five Pounds unto the said Sarah my Sister by a Codicil to be annext to my Will \my Will/ and meaning is that such of my said Lands and Tenements as I have given my Wife a Power to sell for Payment of my Debts or of such Tenements as I have given the Inheritance thereof shall not be liable to the Payment of the said Annuitys or either of them But that my other Lands Tenements and Hereditaments which I have given to my Wife for Life shall be liable to the Payment of the Annuity of five Pounds given to my said Sister by my Will and I bequeath the same accordingly And that the Reversion and Inheritance of my Lands and Tenements by my second Codicil given to Joseph Bigg son of my Nephew Joseph Bigg and his Issue And for want of Issue unto my Trustees in my second Codicil named shall be liable to the shall be lyable to the [l. margin: Original so] Payment of the said further Annuity of five pounds to my Sister Sarah in my said Codicil mentioned that nothing may hinder the sale of such Lands as I have given or directed to be sold for Payment of my Debts  Witness my Hand and Seal this eighth day of April 1741.
Jos: Bigg.
Signed sealed published and declared in the presence of us who have hereunto subscribed our Names as Witnesses in the presence of the Testator and each other.  Nicho: Merwin. Wm Sympson. John Cale.

This Will was proved at London (with three
[p.4] Codicils annexed) On the fourteenth day of May in the Year of our Lord One Thousand seven Hundred and Forty one Before the Worshipfull William Strahan Doctor of Laws Surrogate to the Right Worshipfull John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted By Mary Bigg Widow the Relict and sole Executrix named in the said Will To whom was granted Administration of all and singular the Goods Chattels and Credits of the Deceased being first sworn duly to administer the same.

Notes

Joseph Bigg was buried at Winslow on 20 April 1741, but does not seem to have been baptised there and he probably came from the Princes Risborough area. Mary Bigg died in 1745. Her surname was already Bigg before her marriage. They seem to have lived at 21-25 Market Square. See Stockley v Bigg 1721 for a legal dispute in which Bigg was involved which throws light on his property and finances at the time.

Joseph worked as a bricklayer at Winslow Hall in 1701. He was involved in a case in 1714 where he was alleged to have fathered an illegitimate child at Stony Stratford.

In 1716, Joseph Bigg of Winslow, bricklayer, was involved in a Chancery case (National Archives, C 11/875/35). According to his complaint, dated 1 Dec 1716, he agreed with John Caves of Alderton, Northants, yeoman and his mother Mary Caves, to rent a farm at Alderton from them for six years, beginning the previous Lady Day, at £37 p.a., buying the growing crops and stock from Mary for £128 10s. The Caves now claimed that they had not consented, and brought an ejectment against Joseph, who offered to quit for £30 damages. Only the bill of complaint survives, so the other side of the case and the outcome are unknown.

Joseph's will, particularly the second codicil, led to a legal dispute which dragged on until at least 1758.

Bigg v Bigg and others 1746-50

National Archives, E112/1063/64

Michaelmas Term 20 Geo II [1746]. Complaint of Joseph Bigg of Bandy Legg Walk, Southwark, an infant aged 17 by Leonard Smith his next friend, heir at law to Joseph Bigg of Winslowe gent deceased.

Defendants: John Bedder, Samuel Stratton, Stephen Bigg, Elizabeth Stevens, [  ] Hall, [  ] White, George Clarke, William Gibbs, James Budd, William Stevenson, Thomas Stummerson & Ambrose Fletcher

This Joseph was the great-nephew mentioned in the second codicil. Leonard Smith, later his father-in-law, brought the complaint against everyone named in the will and various others. He doesn't seem to have realised that the debts of Joseph the testator outweighed his assets, or that some of Joseph's real estate went to his wife Mary and her heirs because she outlived him. The men who were appointed trustees of the potential charity all stated that they knew nothing about their appointment until they received notice of the bill of complaint. They all agreed that the charitable bequest was invalid under 9 Geo II An act to restrain the dispositions of lands.

[f.1] Complaints include:

[f.5] Writ addressed to John Duncombe, Ferdinando Southam, Robert Adams, Henry Lowndes, John Rowse and John Doe of Swanbourn near Winslow and Thomas Footman at Winslow gentlemen.  To examine Stephen Bigg, George Clarke, William Gibbs & James Budd.  Dated 20 Nov 21 Geo II [1747].

[f.6] Joint and severall answer of George Clarke, William Gibbs and James Budd
They believe that Joseph died seized of a copyhold messuage in Winslow in which he dwelt and of one other copyhold messuage in Winslow in the possession of Hugh Willis, and of another copyhold messuage and mill in the parish of Winslow let to Thomas Hall and of 5a copyhold land in the common fields of Winslow let to Thomas Hall and of 1½a of sweard copyhold ground in the common fields of Winslow, and of a copyhold messuage and some land in Little Horwood.
William Gibbs say that at Joseph’s death and now he rented of Thomas Hall at £1 4s a year 3 acres of the land let to him.
They have heard the messuage and land let to Thomas Hall were mortgaged by Joseph many years ago to Robert Stevens late of Grandborough gent since deceased for securing £100.
[signed] George Clarke
Willm Gibbs
James Budd
Sworn 4 Jan 1747[/48] at the house of Alice Thompson widow called the Bell at Winslow
[signed] Jno Duncombe

[f.7] The answer of Stephen Bigg includes:

Schedule of documents mentioned in and referred to by this answer [these seem to concern the Monks Risborough property]:

Answer taken 4 Jan 1747 at the house of Alice Thompson widow called The Bell.
[signed] Jno Duncombe
Ferdo Southam
John Doe
Thos Footman

[f.8] Writ addressed to William Hobbs, Ferdinando Southam, Robert Adams, George Clark, Mathew Clark, John Doe of Swanbourn near Winslow and Thomas Footman at Winslow gentlemen to examine Stephen Bigg further.  13 Feb 22 Geo II [1749]

[f.10] Answer of Stephen Bigg to the amended bill of complaint
He does not believe that Mary Bigg cut down any timber.  He has not cut down any since her death.
[signed] Stephen Bigg
Taken on the oath of Stephen Bigg blacksmith 12 April 22 Geo II at Winslow
[signed] Ferdo Southam
Wm Hobbs
John Doe

[f.11] Writ addressed to William Hobbs, Robert Adams, Ferdinando Southam, John Doe of Winslow and Thomas Footman at Winslow gentlemen to examine Elizabeth Stevens.  7 Feb 23 Geo II [1750]

[f.12] Answer of Elizabeth Stevens includes:

[signed] Eliz: Stevens
Answer taken at Grandborough 21 Feb 1749 before us
[signed] Wm Hobbs
Ferdo Southam
John Doe

[f.16] Answer of Thomas Hall includes:

The court's decision is recorded in the following document, when the case was renewed in the name of another Joseph Bigg, son of the great-nephew:

E112/1083/89

Easter Term 31 Geo II [1758]. Complaint of Leonard Smith of St George Southwark victualler, executor of Joseph Bigg late of Bandy Legg Walk who was heir at law of Joseph Bigg late of Winslow gent. deceased, and Joseph Bigg of St George, only son of the said Joseph an infant aged 6.

Joseph the father in Michaelmas Term 1746 exhibited his bill of complaint against John Bedder, Samuel Stratton, Stephen Bigg, Thomas Hall, George Clarke, William Gibbs, James Budd, William & Thomas Stephenson, Ambrose Fletcher & the Attorney-General.

The case came on to be heard on 21 Feb 1750 when the court “was pleased to declare that the trusts in the will and three codicils ought to be performed”.  It was referred to Charles Taylor esq., deputy to His Majesty’s Remembrancer to take an account of the personal estate of Joseph Bigg come to the hands of Mary or Stephen Bigg.  And to take an account of the rents & profits of the real estate of Joseph (except the estates that Mary was intitled to under the surrenders of 1703, 1712 and 1730) since Mary’s death. 

Stephen should make his election before the Deputy Remembrancer to pay the £100 charged on the dwelling house with interest at 4% or to give up his claim to any beneficial interest.  He should account for other issues which he and Mary had received out of the estates devised to her for her life “which were to be considered as standing in the place of the said £100 and interest”. 

The Deputy should also take account of Joseph’s debts and “to cause an advertizement to be published in the Gazette for the creditors and legatees of the said testator to come in”.  Joseph’s personal estate should be applied first for the payment thereof, and if it should be deficient then it “should be made good by the other funds appropriated by the said will and codicils for that purpose”. 

The personal estate was not liable to pay the £300 and £100 charged on the copyhold estate at Monks Risborough, which should be sold.  All parties were to produce their deeds to the Deputy.  Out of the money arising, the £300 and £100 should be paid with 4% interest.  Residue should be paid to the plaintiff. 

Deputy should take account of what was due for principal and interest on the mortgage to Stevens, and of what Robert & Elizabeth had received.  Deputy should appoint what should appear to be due to Elizabeth Stevens who should surrender or assign her interest in the mortgaged premises to plaintiff.  In default of payment by plaintiff as the Deputy should appoint, plaintiff’s bill should stand dismissed out of court.

Plaintiff’s bill should stand dismissed as against the defendant Hall with 40s costs and as against the trustees with costs to be taxed by the Deputy.

The Deputy should have a commission for the examination of witnesses.  The case should continue upon the coming in of his report.

Before any more proceedings Joseph Bigg, father of your orator Joseph, died but made Leonard Smith his executor who proved the will in the PCC.
Will of Joseph Bigg of St Saviour Southwark, feltmaker, made 31 Oct 1752, proved 7 Feb 1753, left everything to his father-in-law Leonard Smith (PROB 11/799/358)

Leonard exhibited his bill of revivor in this cause against the several defendants.  Stephen Bigg died having made his will and appointed Johanna & Grace Tokefield his executrixes.  Johanna died.  John Bedder who survived Samuel Stratton also died leaving James Beddall alias Bedder his son and heir at law, whereby the suit against John Bedder did abate. Your orators are entitled to have the cause revived against Grace Tokefield and James Beddall.

It's not known if the case was taken any further.

Copyright 17 September, 2019