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. Mary Bigg died in 1745. Her surname was already Bigg before her marriage.

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.

Copyright 10 August, 2015