Documents EN/812-813 are the pre nuptial agreements between Samuel Enys and Dorothy Willys, 1707


EN/812 and EN/813
Pre nuptial articles of agreement of Samuel Enys and Dorothy Willys
Counterpart of pre nuptial articles of agreement of Samuel Enys and Dorothy Willys

Articles Before Marriage
“Articles of Agreement in Tripartite indented had made concluded and agreed upon the Three and Twentieth day of June Anno Dom 1707 And in the Sixth year of the Reign of our Sovereign Lady Anne by the grace of God of Great Britain France and Ireland Queen Defender of the faith ((__)) Between Samuel Ennis if Truro in the County of Cornwall Esq. of the first part Dorothy Willis of London Spinster Sister of Thomas Willis of London Merchant of the second part And the said Thomas Willis and John Morton of London Merchant of the third part as followeth (that is to say) Whereas a Marriage is intended by the permission of God shortly to be had and solemnizes between the said Samuel Ennis and the said Dorothy Willis And whereas it is agreed between the said parties to these presents That at or upon the solemnization of the said Intended Marriage the sum of two thousand pounds of lawful money of England the marriage portion of the said Dorothy Willis And also the sum of four thousand pounds of like money of the proper money and estate of the said Samuel Ennis shall be paid unto and deposited in the hands of the said Thomas Willis and John Morton upon the Trusts and to the intents and purposes herein after mentioned Now these presents Witness that the said Samuel Ennis for himself his heirs Executors and Administrators doth covenant promise and agree to and with the said Thomas Willis and John Morton their Executors Admors and Assigns by these presents That he the said Samuel Ennis shall and will at or before the solemnization of the sais intended Marriage pay or secure to be paid unto the said Thomas Willis and John Morton their Executors Admors and Assigns to their good liking the Sum of four thousand pounds of Lawfull Money of England of his own proper money and that the said two thousand pounds the portion of the said Dorothy shall and may be paid to the said Thomas Willis and John Morton And it is hereby declared and agreed by and between the said parties these presents That the said sums of Two Thousand pounds the Marriage Portion of the said Dorothy Willis and four thousand pounds to be paid by the said Samuel Ennys shall be and be imployed used and disposed of Upon the Trusts and to the intents and purposes herein after mentioned (that is to say) upon Trust that they the said Thomas Willis and John Morton their Executors Admors and Assigns shall lay out and bestow the said sum of Six thousand pounds in the purchase of freehold Messuages Lands and Hereditaments in that part of Great Britain called England or Annuities for term of years in Her Majesties Exchequer or otherwise place out the same at Interest upon Parliamentary Security or other Security with the liking and approbation approve of the said Samuel Ennis and Dorothy his intended wife or the Survivor of them during the life of them or the Survivor of them and afterwards at the discretion of the said Thomas Willis and John Morton their Executors or Admors And upon this further Trust that they the said Thomas Willis and John Morton their Executors Admors and Assigns shall from time to time during the natural life of the said Samuel Ennis pay all such Annuity Interest and proceed of and for the said Sum of Six thousand pounds and also such Rents and profits of the Messuages Lands and Hereditaments to be purchased therewith as they shall actually receive and make unto the said Samuel Ennys and his Assigns And upon this further Trust that they the said Thomas Willis and John Morton their Executors Admors and Assigns shall from time to time during the natural life of the said Samuel Ennys pay all such Annuity Interest and proceed of and for the said Sum of Six thousand pounds and also such Rents and profits of the Messuages Lands and Hereditaments to be purchased therewith as they shall actually receive and make unto the said Samuel Ennys and his Assigns And upon this further Trust that from and after the decease of him the said Samuel Ennys Then that they the said Trustees their Executors Admors or Assigns shall pay all such Annuity interest and proceed as they shall receive and make of and for the said sum of Six thousand pounds And also such Rents and Profits of the Messuages Lands and Hereditaments to be purchased therewith unto the said Dorothy for and during the term of her natural life for the Joynture and in Lieu and full satisfaction of all such Dower and Thirds as she may claim out of any the Estate of the said Samuel Ennys And from after the decease of the said Samuel Ennys and the said Dorothy his intended Wife Then upon this further trust that they the said Trustees their Executors Admors or Assigns shall convey assume pay or divide the said Sum of Six Thousand Pounds or such Messuages Lands Annuities as shall be purchased with the same and all the Interest and Proceed thereof unto and amongst the Daughter or Daughters and younger Son or Sons of the body of the said Samuel Ennys on the body of the said Dorothy his intended wife lawfully to be begotten in such shares and propprtions as they the said Samuel Ennys and Dorothy his intended Wife or the Survivor of them shall and by any Writing under his her or their hands and seals or hand and seal testified by two or more credible Witnesses direct or appoint And for want of such direction or Appointment Then to all and every the daughter or daughters younger son or younger sons of the body of the said Samuel Ennys on the body of the said Dorothy his intended wife lawfully to be begotten share and share alike to be equally divided between them And in case there shall be but one Daughter or One Younger Son Then upon this further Trust That they the said Trustees their Admors or Assigns shall pay convey and assign the said Six Thousand pounds and all Securities for the same And all the Messuages Lands and Hereditaments purchased therewith unto such only Daughter or Younger Son her or his Executors Admors and Assigns But in case there shall be no such Daughter or younger son of the body of the said Samuel Ennys on the body of the said Dorothy his intended wife begotton Or such daughter and daughters or younger son and sons shall all depart this life before she or he attain the age of One and Twenty years then upon Trust That they the said Trustees or the Survivor of them or the Executor or Admors of such Survivor shall convey assign transfer and ((sett)) over the said sum of six thousand pounds and all Securities for the same and all Messuages Lands and Hereditaments purchased therewith and all interest rents and proceed then due to grow due for the same unto the eldest son of the body of the said Samuel Enys on the body of the said Dorothy his intended wife lawfully to be begotton And for want of such eldest son unto the said Samuel Ennys his Heirs Admors and Assigns And the said Dorothy Willys for herself her Heirs Executors and Admors doth covenant promise and grant declare and agree to and with the said Thomas Willys and John Morton their Executors Admors and Assigns by these presents That she the said Dorothy Willys shall and will accept of the aforesaid Annuity Interest or proceed to be received or made of or for the said sum of Six Thousand pounds or of the rents or profits to be made of the Messuages Lands and Hereditaments to be purchased therewith in Lieu and full satisfaction of all Dower and Thirds which she may anyways claim out or any the estate of the said Samuel Ennys And that she the said Dorothy Willys shall not nor will claim challenge or demand any other part share or interest of into or out of any the real or personal estate of him the said Samuel Ennys by virtue of any Law or custom or usage whatsoever Provided always that it shall and may be lawfull to and for the said Trustees to take in the said Sum of Six Thousand pounds or any part thereof when and as often as occasion shall require and to put out the same again at interest or Security or Securitys He the said Samuel Ennys and Dorothy his intended wife or the Survivor of them during the life of them or the Survivor of them shall like and approve to be signified by Writing under their his or her hands and seals or hand or seal and afterwards at the discretion of the said Thomas Willys and John Morton And that all and every security and securitys from time to time to be made and taken for the said Sum of Six thousand pounds or any part thereof shall be taken in the names of them the said Thomas Willys and John Morton or of the Survivor of them or of the Executor or Admors of such Survivor and shall be and remain upon the same Trust as are herein before mentioned and declared and noe other And it is hereby declared and agreed by and between the said parties to these presents That neither of the said Trustees shall be answerable for any loss happening by putting out at interest the said sum of Six thousand pounds or any part thereof through the badness or deficit of any security to be taken for the same but the same shall be borne and suffered by such person or persons as is or are to have and exercise the benefit and advantage of the said sum of Six thousand pounds Neither shall any one of the said Trustees be answerable for any more money than what shall come to his own hands and possession respectively Nor shall any one of them be answerable for the receipt of or default of any other of them but each one of them for his own ((–)) and Deed only And that it shall be lawful for them and every of them there out to reimburse and satisfye him and themselves respectively for all losses damages and expensive which each and every of them shall be put to expend and sustain in and about the execution of the promises or Trusts in and by those presents mentioned and declared And lastly it is agreed by and between the said parties to these presents That all securities to be taken for the said sum of Six thousand pounds or any part thereof and also the writings relating to the Messuages Lands and Hereditaments to be purchased therewith shall be kept and remain in the hands of the said Thomas Willys and John Morton or one of them upon the Trusts and for the purposes aforesaid Provided always And it is further declared and agreed by and between the said parties to these presents That in case the said Samuel Ennys ((doe)) and shall at anytime before the said sums of Two thousand pounds and Four Thousand pounds are actually laid out in such purchase or purchases as aforesaid at his own charge will and sufficiently convey settle and assure in such manner as the said Thomas Willys and John Morton or the Survivor of them or his heirs or his or their Counsell shall approve Freeholds Lands Tenements and Hereditaments of the full yearly value of three hundred pounds per Annum in that part of Great Britain called England unto and upon the said Thomas Willys and John Morton and their Heirs or the Survivor of them and the Heirs of such Survivor Upon the same or like trusts and to the same or like intents and purposes as are herein before mentioned and declared of and concerning the aforesaid sums of Two thousand pounds and four thousand pounds hereby settled or agreed to be settled Then immediately from and after the making and perfecting such settlement by the said Samuel Ennys as ais last mentioned to be hereby settled and every part thereof unto the sais Samuel Ennys or his Assigns anything herein before contained to the contrary thereof in anywise notwithstanding In Witness whereof the said parties to these present Articles of Agreement have interchangeably sett their hands and Seals the day and year first above written.
Samuell Ennys Dorothy Willys
Thomas Willys John Morton”
Written on the back of Document
“Wee the within named Thomas Willys and John Morton doe hereby acknowledge that the written named Samuell Ennys hath executed a Bond to us for the within four thousand pounds agreed to be paid by him by the within written articles upon the Trusts within which Bond is dated the five and Twentieth day of this instant month of June .Witness our hands Eight and Twentieth day of June 1707
Doe acknowledge to have in my hands the written Sume of Two Thousand pounds the portion of the within named Dorothy Willys now Dorothy Ennys upon the Trusts within “
Written on cover
“Her fortune £2000
Mr Ennys to add £4000”

EN812/813

Pre nuptial articles of Samuel Enys and Dorothy Willys (extra pieces)

Extra Piece 1
“Be it remembered that whereas I Samuel Ennys of Truroe in the County of Cornwall Esquire have by Indenture bearing date ye twelfth day of December one thousand seven hundred and fifteen Mortgaged to Thomas Willys and John Morton both of London Merchants all my Fee Simple Estate in Cornwall(Except as in ye said Indenture is excepted)for payment of Six thousand pounds And Whereas I have alsoe entered into one Bond of even date with the said Indenture to the said Thomas Willys in the penalty of two thousand pounds conditioned for payment of one hundred pounds a year by half yearly payments after my decease to my Wife for her life in Case she abide by the Articles made before our Marriage in the particular in the said Bond mentioned as by the said Indenture and Bond relation? Being thereunto respectively had morefully may appear Now I do hereby for Myself my Heirs Executors and Administrators Grant Declare Agree and Covenant to and with the said Thomas Willys his Heirs Executors and Administrators that the Mannor of Winnington of ? Kenwen and Truroe and of Nampity with their respective Members and appurtenances being part of ye Estates mentioned in the said Mortgage Shall Stand remain and be as a Security of payment of the said one hundred pounds per Annum according to the Condition of the said Bond And that the said Thomas Willys and John Morton their Heirs Executors and Administrators and All and every other Person or Persons who is are or shall be Seized of the Premises shall Stand and be Seized of the same in trust and to the intent to pay and Satisfie the said one hundred pounds per Annum as aforesaid In Witness whereof I have hereunto Sett my hand and Seale the fifth day of March 1718/19
Signed Sealed and delivered (being first duly stamped) in the presence of W.Gore and John Salmon
Extra Piece 2
Sirs
I desire you to assigne to me the Annuitys as purchased with the Six thousand pounds mentioned in my Marriage Articles, and to accept of a Mortgage on my Estate for Security of ye Same And to show that my Wife joins in this request She has hereunto Set her hand and Seale this 12th day of December 1715
Sam Ennys
Dorothy Ennys
Extra Piece 3
To Thomas Willys of London Merchant and John Morton Of London Linnendraper
The Condition of this Obligation is Such that Whereas by Certain Articles dated ye three and twentieth day of June 1707 and made before ye Inter marriage of the said Samuel Enys and Dorothy his Wife It was agreed that the Sum of four thousand pounds the proper money of ye said Samuel Ennys and the Sum of two thousand pounds the Portion of ye said Dorothy should be placed out on Government or other Securitys or Invested in a Purchase And that the Proceed and Interest of the said Sum of Six thousand pounds or the Rents and Profitts of ye Lands to be purchased therewith should after ye Death of ye said Samuel Ennys be paid to the said Dorothy for and during the Term of her naturell life for her Jointure and in lieu and full satisfaction for all such Dower and Thirds as she might claim out of any of ye Estate of the said Samuel Ennys And the said Dorothy did thereby Covenant and Agree to accept of the Interest and Proceed to be made of the Six thousand pounds or the Rents and Profitts of the Estate to be purchased therewith in Lieu and full Satisfaction of all Dower and Thirds She might anyways claim out of any ye said Estate of the said Samuel Ennys And that she would not claim or demand any other parte share of Interest of in to or out of the Reall or Personall Estate of Him ye said Samuel Ennys by Virtue of any Lease? Custome or Usage whatsoever as by ye said Articles relation being thereunto had more fully may appear Now if the said Dorothy shall accept of the Interest and Proceed to be made of the said Sum of Six thousand pounds or the Rents and Profitts of ye Estate to be purchased therewith in Lieu and in full Satisfaction of her Dower or Thirds she may claim out of any the Estate of ye said Samuel Ennys and not claim or demande any other parte Share or Interest of in to or out of the Reall or Personall Estate of the said Samuel Ennys by Virtue of any Law Custome or Usage whatsoever Then if the Heirs Executors Administrators and Assigns of ye said Samuel Ennys or any of them Shall well and truly pay or cause to be paid to the said Dorothy and her Assigns the Sum of one hundred pounds yearly and every year during the naturall life of her the said Dorothy by half yearly payments that is to say fifty pounds att the Feast of the Annunciation of the Blessed Virgin Mary and fifty pounds more att the Feast of St Michael ye Arch Angell the first payment to be made at which of the said Feast days shall first happen after the decease of the said Samuel Ennys without ((fraud)) and further delay than this present Obligation to be void otherwise to remain in full force and Virtue.
Sam Ennys
Signed Sealed and delivered being first duly stamped
In presence of John Gould Edward Renton”

Transcribed by Karen Tuplin

 

 

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