This is the last will and testament of me John Bigham of Llanerthil in the parish of Llandenny in the County of Monmouth, yeoman, whereas my dear wife Rachel will with other real property derived from her late father be entitled to and possess the survivors use of my messuage or dwelling house or farmhouse and hereditaments called Llanerthil situate and lying and being in the said parish of Llandenny in the County of Monmouth and now in my occupation for the term of her life. Now in token of the love and affection I have and bear for her I give and devise unto my said dear wife Rachel all those my lands called Tirady Lands now held by me with the said Llanerthil farm to hold to her for and during the term of her natural life with for And from and after her decease I give and devise the said lands called Tirady Lands unto such person and his heirs as is hereinafter mentioned. I also give and bequeath all my live and dead farming stock crops and of my implements in husbandry and household furniture of what nature or kind soever of which I may die possessed unto my said wife for her absolute use and benefit subject nevertheless and chargeable with the payment by my said wife of the sum of four hundred pounds to my nephews and nieces hereinafter mentioned that is to say Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham and Ann Bigham seven of the sons and daughters of my brother William Bigham and unto William Herbert, James Herbert, Esther Blanch the wife of William Blanch late of English Bicknor in the County of Gloucester, farmer, deceased, Frances Darby the wife of John Darby of the parish of Llangovan in the said County of Monmouth, farmer, and Elizabeth Prosser the wife of Thomas Prosser of the town of Monmouth, draper, five of the sons and daughters of my late sister Mary Herbert which said sum of four hundred pounds I give to my said nephews and nieces above named in equal shares and proportions for their absolute use and benefit and I hereby will and direct that the same shall be paid to them by my said wife her executors or administrators within three years of my decease. And my further will is that the provision hereby made for my said wife is intended and shall be accepted by her in lieu or which she may be entitles to out of any my other real estate. I give and bequeath to the Reverend James Farquhar of the aforesaid parish of Llangovan in the said County of Monmouth, Clerk, and my nephew John Herbert my executors and trustees hereinafter named the sum of twenty pounds each for the care and trouble they may have in executing this my will and performing the trusts hereby in them reposed. All the residue and remainder of my personal estate and effects of what nature or soever not heretofore given or bequeathed I give and bequeath unto the said James Farquhar and John Herbert to hold to them the said James Farquhar and John Herbert their executors administrators and assignees upon this special trust and confidence nevertheless that is to say they my said trustees or the survivor of them or such as the executors or administrators of such survivor do and shall as soon as convenient after my death sell and dispose thereof and call in and receive all such debts and or sums of money as shall be due and owing to me at the time of my death and do and shall in the first place by with and out of the same retain to and reimburse the survivors and himself all costs charges and expenses which they my said trustees or either of them their or either of their executors or administrators shall or may sustain or be put unto in or about the execution of the trusts hereby in them reposed or any of them or in any wise relating thereunto and do and shall in the next place by with and out of such trust monies pay and discharge all my just debts of every description which shall be owing by me at the time of my decease and also my funeral and testamentary expenses and the legacies here given and bequeathed by this my will or which I may give by any codicil though except the said legacy of farming stocks and household furniture herein before bequeathed unto my said dear wife and also except the legacies hereafter given and bequeathed by this my will and with the payment of which I have charged my several real estates called Bailey Glaze and Llanerthil and Tirady it being my will and meaning that my said personal estate shall be exempted therefrom and do and shall divide the surplus and residue of my personal estate into two equal portions and do and shall pay assign transfer and convey one of the said portions unto and equally between Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham and Ann Bigham the hereinafore named sons and daughters of my said brother William Bigham. And in case any or either of these the said Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham and Ann Bigham shall happen to die in my lifetime without leaving issue lawfully begotten then in trust to pay assign and transfer the share or shares of him her or them so dying in my lifetime unto and equally between the survivor or survivors of them the said Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham and Ann Bigham but in case any or either of them the said Robert, John, Thomas, Uria, Sarah, Mary and Ann Bigham should happen to die in my lifetime leaving issue lawfully begotten then in trust to place out the share of each and everyone so dying leaving issue upon Government or a Real Security and pay and apply the interest and produce thereof or a sufficient part thereof for and towards the maintenance and education of the children or child of each and every one so dying until they severally and respectively attain the age of twenty one years and when and as they shall severally and respectively attain the said age of twenty one years then in trust to pay assign transfer and convey the said share or shares unto and equally between the child or children of each and every one of them the said Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham and Ann Bigham so dying in my lifetime but such children or child to take per and not per capita and do and shall pay assign transfer and convey the other said portion of the residue of my personal estate unto and equally between the hereinafore named William Herbert, James Herbert, Esther Blanch, Elizabeth Prosser and Frances Darby the said sons and daughters of my said sister Mary Herbert and in case any or either of the said William Herbert, James Herbert, Esther Blanch, Elizabeth Prosser and Frances Darby should happen to die in my lifetime without leaving issue lawfully begotten then in trust to pay assign and transfer the share or shares of him her or them so dying in my lifetime unto and equally between the survivors or survivor of them but in case any or either of them the said William Herbert, James Herbert, Esther Blanch, Elizabeth Prosser and Frances Darby should happen to die in my lifetime leaving issue lawfully begotten then in trust to place out the share of each and every one so dying and leaving issue as aforesaid upon Government or a Real Security and pay and apply the interest and produce thereof for and towards the maintenance and education of the children or child of each and every one so dying until they shall severally and respectively attain the age of twenty one years and when and as they shall severally and respectively attain the said age of twenty one years then in trust to pay assign and transfer the said share or shares unto and equally between the children or child of each and every one of them the said William Herbert, James Herbert, Esther Blanch, Elizabeth Prosser and Frances Darby so dying in my lifetime as aforesaid but such children or child to take per and nor per capita. I give and bequeath unto my natural daughter Maria Willett the wife of William Willett of the parish of Tintern in the said County of Monmouth, cooper, the sum of two hundred and forty one pounds but in case she will happen to die in my lifetime then I give and bequeath the said legacy or sum of two hundred and forty one pounds unto and equally between the children of the said Maria Willett when and as they shall separately and respectively attain his her or their age of twenty one years and in the meantime my will is that my said trustees or executor for the time being do and shall place out the same upon Government or Real Security and pay and apply the interest and produce of their several shares towards their several respective maintenance and education I give and bequeath unto Emily Willett, William Willett, Thomas James Willett, Hannah Maria Willett and Elizabeth Willett the said children of the said William Willett and Maria his wife the sum of nineteen pounds ten shillings each to be paid to each and every one of them when and as they shall severally and respectively attain his her or their age of twenty one years and in the meantime my will is that my said trustees or executor for the time being do and shall place out the same upon Government or Real Security and pay and apply the interest and produce of their several legacies towards their several respective maintenance and education but in case any or other of them the said Emily Willett, William Willett, Thomas James Willett, Hannah Maria Willett and Elizabeth Willett shall happen to die under the age of twenty one years or before my decease then I give and bequeath the legacy or legacies of him her or them so dying under age or before my decease as aforesaid unto and equally between the survivors or survivor of them share and share alike I give and devise unto my brother William Bigham all that my messuage farmlands and premises called Bailey Glaze and also that parcel of meadow land purchased by my late uncle John Edmonds of Mr Jones of Chepstow and also that other parcel of meadow land also purchased by my said uncle of the late Mr William Nicholas all of which said messuage farmlands and premises and parcels of meadow ground are situate lying and being in the parish of Cwmcarvan in the said County of Monmouth and are now in occupation of my tenant Thomas Turpin to hold unto him the said William Bigham and his assigns for and during the term of his natural life with for waste and from and after his decease I give and devise the same messuage farmlands and parcels of meadow land subject nevertheless to the payment of the sum of five hundred and sixty pounds to such persons and at such time or times as is hereinafter mentioned unto my nephew William Bigham junior his heirs and assigns for ever upon condition of his supporting his mother during her life and as to for and concerning the said sum of five hundred and sixty pounds with which I have hereby charged my aforesaid messuage farmlands and parcels of meadow lands I give and bequeath the same equally between my said nephews and nieces the said Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham & Ann Bigham share and share alike for his her and their absolute use and benefit in addition to the share or portion of the residue of my said personal estate hereinbefore bequeathed to them and which said sum of five hundred and sixty pounds I direct to be paid within six months after the decease of my said brother but in case any or either of them the said Robert Bigham, John Bigham, Thomas Bigham, Uria Bigham, Sarah Bigham, Mary Bigham & Ann Bigham shall happen to die in my lifetime leaving issue lawfully begotten then I give and bequeath the share of each and every one so dying in my lifetime leaving issue as aforesaid unto such his or her or their respective issue to be paid them as soon as they shall severally and respectively attain the age of twenty one years but such issue to take if more than one in equal parts or shares between or amongst them such part or share only as is his her or their father or mother (as the case may be) would have taken or been entitled to if living at the time of my decease and I direct the interest dividends and produce thereof to be paid in the meantime for and towards their respective maintenance and education I give and devise after the death of my said wife all that my messuage or dwelling house in which I now reside called Llanerthil together with the lands hereditaments and premises thereto belonging and also all those lands called Tirady lands also in my occupation situate in the parish of Llandenny aforesaid to my nephew Charles Herbert and his heirs and assigns for ever subject nevertheless and charged and chargeable with the payment within twelve months next after my said wife’s decease of the sum of one thousand pounds to such persons as hereinafter are mentioned that is to say my said nephews William & James Herbert I give and bequeath the further sum of two hundred and fifty pounds each and to my said nieces the said Esther Blanch and Elizabeth Prosser the further sum of one hundred pounds each I give and devise unto my said niece the said Frances Darby the further sum of two hundred pounds and to my said natural daughter Maria Willett I give the further sum of fifty pounds and to her daughter the said Emily Willett I give and bequeath fifty pounds being the residue of the said sum of one thousand pounds with which I have charged my last mentioned real estate called Llanerthil and Tirady I give and devise unto my said nephew the said John Herbert all those my two messuages or dwelling houses with the appurtenances thereto belonging situate in the village of Ragland in the said County of Monmouth and now in the several occupations of James Williams and Mary Morgan as tenants thereof also that parcel of arable land which I purchased of the trustees for and of the estate of the late Alexander Jones Esquire situate in the parish of Ragland in the said County and now in the occupation of Edwards as tenant thereof with their respective appurtenances to hold to him the said John Herbert his heirs and assigns for ever. I give unto my said trustees the sum of three pounds to be by them laid out in the purchase of bread which I direct may be equally distributed by them among the poor of the several parishes of Llandenny, Llangovan and Cwmcarvan in the said County in the following proportions and at the time hereinafter mentioned that is to say twenty shillings worth to the poor of each parish on the following Sunday after my funeral I desire to be buried in Cwmcarvan Church and if possible in my father’s grave which is in the Chancel of the said Church. And it is my will and meaning that my said trustees for the time being shall not be liable to make good any loss or losses that shall or may happen in transacting any money affairs or otherwise relating to or concerning the execution of the trusts mentioned in this my will unless the same shall appear to happen through their or either of their wilful neglect or default nor shall either of them my said trustees be answerable or accountable for the acts deeds receipts and disbursements of the other one of them but each of them shall be answerable only for his own separate acts deeds receipts and disbursements. And lastly I do hereby nominate constitute and appoint my said trustee James Farquhar and John Herbert executors of this my last will and testament and I do hereby revoke and make void all former and other will and wills by me at any time heretofore made and declare this to be my last will and testament in witness whereof I have at the bottom of the first five sheets of this my will the whole whereof is contained in six sheets of paper subscribed my name and to the sixth and last sheet set my hand and seal this fifteenth day of June in the year of our Lord one thousand eight hundred fifty. John Bigham.
Signed sealed and declared by the testator John Bigham in the presence of both of us who at his request and in his presence both of us being present together at the same time hereunto subscribe our names as witnesses thereto the alterations of the word Mary between the thirty third and thirty fourth lines of the second sheet and of the words "and which said sum of five hundred and sixty pounds I direct to be paid within six months after the decease of my said brother" between the second and third lines of the fifth sheet and also the erasure of the word Emily in the twenty sixth line of the said fifth sheet having been first made.
W.A.Williams, Solicitor, Monmouth; W.A.C. Williams, his clerk
Proved at London 18th January 1855 before the Judge by the oath of the Revd James Farquhar, Clerk, and John Herbert the nephew, the executors to whom admon was granted
NOTE: There are a few gaps in the text, these are as per the typescript. DW
Transcribed from a photocopy of a typescript by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales. NP20 6LB Tel 01633 858 359