Background

Author: Nev. Ramsden

The Bigland Family of Whitehaven & Bigland Hall, in the parish of Cartmel-in-Furness

The Biglands, one of the most ancient families in Lancashire, which tradition affirms to have been seated at Bigland as early as the Norman conquest.

The various Bigland families of the Cartmel in Furness district had shipping interests centred on Lancaster & Morecambe Bay, so it is not surprising that the younger male family members were sent to the developing port of Whitehaven, as it expanded during the 17th century, to seek their fame and perhaps a fortune. It has not been possible to tie in the first Whitehaven Biglands to the Biglands of Bigland Hall but instances of children named both Robert & Henry Bigland can be found in the Cartmel Priory register.

Although Robert Bigland arrived in Whitehaven during the 1640’s, his descendants did not succeed in making their presence permanent in Whitehaven. By the 1730’s there were only three Bigland male births in Whitehaven, John in 1727, Richard in 1719 & Henry in 1703; none of these people went on to have a family in the Whitehaven area, the end of an era.

But a George Bigland (1750-1831) of Bigland Hall did come to Whitehaven and marry into both the Gale and Watters merchant families.

A legal record of the family connection between the merchant families of Bigland and Watters

The doctrine of election has been, in general, confined to the cases of wills; that the party should, in like manner, he put to his election, where he claims under a deed, was determined in a case of Bigland v. Huddleston (1746) [vide etiam, 2 Scho. & Lefrov, 266], 27 Jan. 1789, which was as follows :—

Robert Watters, the paternal grandfather of the plaintiff, by will dated 15th July, 1780 (having devised real estate), among other things gave to his daughter Anne, the plaintiff's mother, the sum of £8000, and directed his trustees to cause to be paid £4000, part thereof, to her younger children, at the time of her death, if any such should be, equally to be divided among them; and if there should be but one such child, then to such one child. He gave a like legacy to his other daughter, in the same manner, and gave the residue of his personal estate between them.

Previous to the marriage of plaintiff's father, George Bigland, with the said Anne, a settlement was made, by indenture, 7th and 8th June, 1781, whereby the father settled Bigland Hall to the use of himself for life; remainder to trustees, to preserve, Sic.; remainder to Anne for life; remainder to trustees; remainder to first and other sons in tail male; remainder to daughters, as tenants in common, in tail; remainder to himself in fee; and Anne conveyed her legacy of £8000., as to one moiety thereof, to her husband absolutely; and as to the other moiety, to trustees, to pay the interest to George for life; remainder to herself for life, if she survived; then to pay the principal to the younger children of the marriage equally : the shares of the son to be payable at twenty-one, those of the daughters at twenty-one, or marriage; and if but one such child, then to such child, with survivorship; and a proviso was made for the younger children of Anne by any other marriage; and in case there should be no child of the marriage, one moiety to be paid to George Bigland absolutely, and the other, to such uses as Anne should direct. She then conveyed the residue, which she took under her father's will, to the trustees; as to £6000. part thereof, to pay the interest to George Bigland, for life; then to pay the principal thereof to the younger children of the marriage; and, in default of younger children, then as she should appoint; and, in default of appointment, to her next of kin; and as to the remainder of the said residue, plate, household-goods, Sic., subject to other trusts.

The marriage took effect, and 31st January, 1781, Anne died, leaving the plaintiff her only child, and without making any appointment. The bill was filed on the part of the plaintiff, claiming to be entitled to the £4000 moiety of the £8000 legacy given by the grandfather's will, and also a contingent interest in the £6000 and the trust estate; praying that the plaintiff's rights might be declared, and the sum secured for the plaintiff during his minority.

The father, by his answer, claimed one moiety of the £4000 in his own right, and the other as personal representative of his wife; and all the answers submitted a doubt as to the £6000 whether the plaintiff was not excluded from that, as being an eldest and only son, and the father submitted, whether he, having obtained administration, was not entitled.

The decree ordered an account of the grandfather's personal estate, and that it be divided into moieties, and out of one moiety which belonged to Ann Bigland, £6000 pursuant to the settlement, be deducted, and £3000 one moiety of the £6000, with a moiety of a moiety, of the residue of the personal estate, be paid to George Bigland : and further ordered, that the remaining £3000., and the surplus of the moiety of the personal estate of the testator, be paid into the Bank, and laid out; the dividends to be paid to George Bigland, for life, and at his decease, the parties to be at liberty to apply: and as to the £4000 the Master was directed to inquire, whether it would be for the benefit of the infant to take under the settlement of the 8th June, 1781, or to claim the £4000 against the settlement.