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Transcription, using modern spelling, of the Will of John Bigg of Norfolk Co VA, proved 19 March 1696/7. Recorded in Norfolk County, Virginia, Will and Deed Book No. 6, page 77.
[TRANSCRIBER'S NOTE: John Bigg is John Biggs Sr., ancestor of the North Carolina Biggs family that started out in the northeastern part of that state. In addition to the spelling, punctuation has been changed and paragraphing added. Where abbreviations and symbols were used in the original, words are written out. This is not an exact transcription and should not be described as such. Please do not post it to other web sites. The purpose of this version is only to make the will easier to read.]
In the Name of God, Amen.
I, JOHN BIGG of Elizabeth River in the County of Norfolk in Virginia, being often sick and weak in body, but now of good and perfect memory -- laud and praise be to the Almighty God -- knowing that I am naturally born and ordained to die and to pass from this mortal world and transitory life, minding to put in order all and singular my estate both real and personal,
to the intent there should be no strife for the same after my decease, do therefore first of all, after thanks given to Almighty God for His great benefits, desire and pray my children and all others to be contented with my last will and testament without any trouble, business or vexation of any of them against the other for any of my said estate, as they will answer for the same before the Judgment Seat of Almighty God, who is the rewarder of all good persons and a severe judge and revenger of all those that do evil,
and to avoid all occasions of charges* I revoke and renounce all former and other wills and testaments whatsoever heretofore by me made by word, writing or otherwise, and make and ordain this to be my very last and only will and testament for and concerning all my said estate both real and personal in manner and form following, that is to say,
First, I commend my soul to Almighty God and to His son, Jesus Christ, my Savior and Redeemer, and to the Holy Ghost, three persons and one God, most humbly beseeching the most holy and blessed Trinity to have mercy upon my soul and to pardon and forgive me all my sins and offenses so that I may after this life arise with the elect and have life and fruition of the Godhead by the death and passion of our Savior Jesus Christ,
and I will that my body be decently buried according to the disposition of my executor hereafter named.
(All that in the margins was written before my will was signed.)
I will that all my debts be well and truly contented and paid.
I give and bequeath to my son JOHN BIGG (whom I do hereby make, ordain and appoint to be my sole, only and absolute and lawful heir, and do utterly debar and make void the claim or claims of any person or persons whatsoever that shall pretend any right or title thereunto) all my estate both real and personal, except such legacies hereafter mentioned, that is to say,
I give him, my said son, JOHN BIGG, all my land I am now possessed of, viz., my manor plantation and all the land belonging to the same, and all houses, gardens, orchards, wood land and all cleared ground and all other appurtenances thereunto belonging, including a small parcel of land that GEORGE WHIDBY lives upon by my permission during his life, also the land which my son JABEZ held in his lifetime by patent bearing date the 23rd day of April 1682*, which said land is also my proper right, all which, with the land I hold now by my own patent bearing date the 21st day of April, A. D. 1690, I give to my said son, JOHN BIGG, and his heirs forever, in as large and ample manner to all intents and purposes as is expressed in the patent aforesaid, to have and to hold the said plantation and land with the appurtenances unto the said JOHN BIGG, my son, and the heirs of his body lawfully begotten, the heirs male first to take place and so in order,
but if my said son JOHN shall die without issue as aforesaid, then my land with the appurtenances to my grandson JOHN WHIDBY and the heirs of his body lawfully begotten, the male first and then the female, and for lack of such issue, then to descend to my grandson GEORGE WHIDBY and his heirs lawfully begotten, and for lack of such issue, then to descend to the rest of my daughter ELIZABETH's children and their heirs, the male first to take place and so successively, as aforesaid, and for want of such issue, then to my daughter KATHERINE MERCER's children and their heirs, the male first always to take place, and for want thereof the female, and their heirs, and for lack of such issue, to the next right heirs of me, the said JOHN BIGG, the father, forever,
but if my son JOHN BIGG have children lawfully begotten as aforesaid, or in defect thereof my grandson JOHN WHIDBY, or for lack thereof the said GEORGE WHIDBY, in defect thereof any of the heirs aforementioned, meant or hereby intended, lawfully begotten as aforesaid, are at their own liberty to give the said land to which they like best of their children, either male or female,
but if my son JOHN BIGG have lawful issue and die intestate, then my land aforesaid to fall and descend to his children, whether male or female, the male first and so successively; the meaning is that if the male die, the female to take place.
I give and bequeath to my son THOMAS BIGG, my daughters ANN FAUX, KATHERINE MERCER, ELIZABETH WHIDBY, JOANE SIKES, PHOEBE BIGG, DOROTHY BIGG, to each of them I give twelve pence or one shilling lawful money of England or the value thereof in goods,
and I do also give unto my son-in-law MATHEW CASWELL and my grandchildren JOHN HASSOLD and MARTHA, FRANCIS, WILLIAM, JABEZ, JEAN and MATHEW CASWELL, to each of them twelve pence or one shilling Sterling money or the value thereof in goods, all the aforesaid legacies to be paid by six months after my decease if the same be lawfully demanded;
and this to be the full share, part and portion for each of these persons above named of all my whole estate both real and personal, and the reason why I give them or each of them no more is for their disobedience and other material matters known to myself. (This line was erased before signing.)
Item, I do hereby make, ordain and appoint my son JOHN BIGG to be my full, whole and only executor of this, my last will and testament, hereby revoking all former wills heretofore by me made, and to take full and absolute possession after my decease of all my estate both real and personal to the use of himself and his lawful issue, he paying those legacies afore bequeathed, and if my son JOHN should die before proof of this will, his wife to act as executrix, but on the behalf of his lawful issue.
In witness whereof I, the said JOHN BIGGS, have subscribed this, my last will and testament, with my own hand and thereunto put my seal this 4th day of September, A. D. 1694.
/s/JOHN BIGG {seal}
Signed, sealed and delivered
in the presence of us, viz.:
JOHN PORTLOCK
THOMAS NASH (mark)
THOMAS ETHERIDGE
JOSEPH HODGES
REBEKA HODGES
WILLIAM MAUND (mark)
WILLIAM ETHERIDGE (his E mark)
Proved in court 15th March 1696/7 by the oaths of:
JOSEPH HODGES, JOHN PORTLOCK, THOMAS NASH, THOMAS ETHERIDGE
(and many others) and is ordered to be recorded.
Test: Malachi Thruston, Cl.
=========================
* NOTES:
"occasion of charges" is written as such in the recorded will, but the purpose of the statement is to avoid any "changes" that might arise to the present will based on what the testator might have indicated to the contrary in earlier wills or otherwise. Other wills use the terms "occasion of changes" or "variance".
The year of Jabez' patent is given as 1688 in online transcriptions of this will, but when magnified it looks more like 1682.
The spelling of Whidby is used in this transcription, but the name appears in the will also as Whitby. George Whidby is recorded in some early documents as Whedbee. Information online indicates John Hassold's descendants use the spelling Hassell. Faux also spelled Fewox. Sikes also Sykes.
The names of the "many others" whose oaths proved John's will were not specified.
The will's marginal notes were few, and unintelligible on microfilm. One concerned John Jr. and wife and executorship. Better success at deciphering these notes might be had by reading the will book in person. LDS filming was done in 1950 at the Norfolk Co Courthouse, Portsmouth VA. Film number is 0032827, Norfolk Co VA Deeds & Wills, v. 6, 1695-1703.
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