Transcripts of the marriage settlement between Samuel Enys and Dorothy Willys, 1715


EN/816 and EN/817
Marriage settlement, Samuel Enys and Dorothy Willys

Settlement by Samuel Enys of £6,000 as jointure for his wife, secured by mortgage of all his fee simple estates comprising Kenwyn and Truro, Winnington and Pettigrew and Nampity manors, in accordance with the articles of agreement.

“Marriage Settlement
Samuel Enys Esq. to Messers Willis and Morton.
Mortgage of the mannors of
This indenture made the twelfth Day of December in the Year of the Reign of our Sovereign Lord George by the Grace of God of Great Britain France and Ireland King Defender of the faith Anno Domini One Thousand Seven hundred and fifteen Between Samuell Ennys of Truro in the County of Cornwall Esq and Dorothy his Wife of the one part and Thomas Willys of London Merchant and John Morton of London Linnen Draper of the other part Whereas by certain Articles of Agreement Tripartite Indented has made and Agreed upon the three and twentyth Day of June One Thousand Seven hundred and Seven Between the said Samuell Ennys of the first part the said Dorothy by the name of Dorothy Willys Spinster sister of the said Thomas Willys of the second part and the said Thomas Willys and John Morton of the third part Reciting that a Marriage was then intended shortly to be solemnized Between the said Samuell Ennys and the said Dorothy Willys and that it was agreed between the partys to the said Articles that the sum of two thousand pounds the Marriage Portion of the said Dorothy Willys and the sum of four thousand pounds the proper Money of the said Samuell Ennys should be paid unto and Deposited in the hand of the said Thomas Willys and John Morton It was declared and agreed that the sad sum of two thousand pounds and four thousand pounds to be so payd to and Deposited in the hands of the said Thomas Willys and John Morton should be and be imployed used and disposed of upon the trusts and to be the intended and purposed herein and herein after mentioned(that is to say upon Trust that they the said Thomas Willys and John Morton their Executors Administrators or Assigns should 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 of the said Samuell Ennys 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 Willys and John Morton their Executors or Administrators And upon this further Trust That they the said Thomas Willys and John Morton their Executors Administrators and Assigns should from time to time during the naterall Life of the said Samuell 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 should Actually receive and make unto the said Samuell Ennys and his Assigns And upon this further Trust that from and after the decease of him the said Samuell Ennys Then that they the said Trustees their Executors Administrators or Assigns should pay all such Annuitys Interest and proceed as they should exercise and make of and for the said sums of six thousand pounds and also such rents and profits of the Messuages Lands and Hereditaments to be purchased therewith unto the said Dorothy and during the Term of her naturell Life for her jointure and in lieu and full satisfaction of all such Dower and Thirds as she might claime out of any of the Estate of the said Samuell Ennys and from and after the Decease of the said Samuell Ennys and the said Dorothy his Intended Wife Then upon this further Trust that they the said Trustees their Executors Administrators or Assigns Should convay assure pay or divise the said sum of Six thousand pounds Or such Messuages Lands Annuities as should 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 Samuell Ennys on the body of the said Dorothy his Intended Wife lawfully to be begotton in such shares and proportions as they the said Samuell Ennys and Dorothy his Intended Wife or the Survivor of them should by any writing under his her or their hands and Seales or hand and Seale 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 begotton Share and Share Alike to be Equally divided between them and in case there should be but one daughter or younger son then upon this further Trust that they the said Trustees their Executors Administrators and Assigns should pay convay and Assigne the said six thousand pounds and all the Securitys for the same and all the Messuages Lands and Hereditaments purchased therewith unto such only daughter or younger son her or his Executor Administrator and Assigns but in case there should be no such daughter or younger son of the body of the said Samuell Ennys on the body of the said Dorothy his intended Wife 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 Administrator of such Survivor should convay assign Transferre and sett over the said sum of six thousand pounds and all securitys for the same and all the Messuages Lands and Hereditaments purchased therewith and all Interest rents and proceed then due or to grow due for the same unto the Eldest Son of the body of the said Samuell Ennys 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 Executors Administrators and Assigns And it was thereby Provided that it should and might 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 should require and to put out the same againe at Interest on such Security or Securities as the said Samuell Ennys and Dorothy his then intended wife or the Survivor of them during the life of them or the Survivor of them should like and approve to be signified by writing under their his or her hands and seales or hand and seale 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 Sume of Six Thousand pounds or any part thereof should be taken in the names of them the said Thomas Willys and John Morton or the Survivor of them or of the Executor or Administrators of such Survivor and should be and remain upon the same Trusts as are herein-before mentioned and declared and noe other ? the said Articles relation being thereunto had more fully may appear And Whereas the Said Sume of two Thousand and four thousand pounds ? pursuant to the said Articles payed to and deposited in the hands of the said Thomas Willys and John Morton and by them placed out on Annuities for years And Whereas the said Samuell Ennys and Dorothy his intended Wife in writing under their hands and seales have Desired to the said Thomas Willys and John Morton to take in the said sums of Two thousand pounds and Foure Thousand pounds and place out the same again on the Security herein mentioned And Whereas the said Samuell Ennys hath agreed to accept of the Annuities so purchased with said sums of Two Thousand and Four Thousand pounds for and as Six Thousand pounds and to Mortgage the Lands Tenements and Hereditaments herein after Mentioned for Securing the repayment of the said sum of Six Thousand pounds to the said Thomas Willys and John Morton upon the trusts in the said Marriage Articles mentioned Now this Indenture Witnesseth that for and in consideration that all the said Annuities are Assigned to the said Samuell Ennys by the said Thomas Willys and John Morton the Assignment Whereof he the said Samuell Ennys doth hereby acknowledge and agree to accept of for and as Six Thousand pounds and of the said sum or Six Thousand pounds and of Every part thereof doth acquire exonerate and release the said Thomas Willys and John Morton their Executors Administrators and Assigns by these presents he the said Samuell Ennys hath bargained sold and ? and in and by these presents doth bargine Sell and demise unto the said Thomas Willys and John Morton their Executors Administrators and Assigns All those his Mannors or reputed Mannorsof Kenwen and Truroe Winnington and Nampitty with their and every of their rights incumbed or members? and appurtenances And all other the Mannors Bartons Messuages Lands Tenements and Hereditaments Rectorys Tyths Mines and Libertys franchises privileges and ?ments Whatsoever of him the said Samuell Ennys in the Several Towns or Parishes of Gluvias Kenwen Cury Gonwallow Gerrans and St Martin Wendron St Clements ((St Endodor))Probus Perran-Sands St Agnis Truroe and Penryn or in any or either of them or in any other parish Town or place near adjoyning to them or any or either of them in the said County of Cornwall and the Demesne lands Tenements Rents Hereditaments and appurtenanted whatsoever to the said Mannors or Kenwen Truroe Winington and Nampity or any or either of them belonging And all Advensons ?Suites Seignioritts? Securities franchised Libertys Jurisdictions Authoritys privileges Courts Letts perquisited of Courts and Leets view of frankpledge and all that to view of frankpledge doth appertaine And all and Singular other Royaltys fishings Hereditaments whatsoever to the said premises or any of them Belonging or appertaining or therewith held and injoyed with all their appurtenances And all other Mannors Bartons farmes Messuages Lands Tenements Market fairs and Hereditaments whatsoever of him the said Samuell Ennys in the said County of Cornwall Wherein he the said Samuell Ennys or any other person or persons in Trust for him is or are seized of any Estate of Inheritance and the Reversion or Reversions Remainder and Remainders Rents Issues and profits thereof and of Every part and parcel thereof Except a Ninth part of a Tenement in the parish of St Wen and a part of an Estate in the parish of St Allen named Imnys ?part of Egloswithiell in the parish of Withiall Brownwethan in the parish of St Cullumb To have and to hold all that the said Mannors reputed Mannors Bartons Messuages and Tenements Hereditaments and all and singular other the bargained sold and demised or Mentioned to be bargained sold and demised premises with their and Every of their appurtenances Except before Excepted unto the said Thomas Willys and John Morton their Executors Administrators and Assigns for and during the full time and term of five hundred years from henceforth next ensuring and fully to be completed and ended without impeachment of or for any manner of ? Yielding and paying therefor yearly and Every year during the said Term the Rent of a peper Corn at the feast of St Michael the Arch Angel if the same be lawfully demanded Provided always and upon Condition nevertheless that if the said Samuell Ennys his heirs Executors Administrators or any of them shall well and truly pay or cause to be payd to the said Thomas Willys and John Morton or the Survivor of them or the Executor or Administrators of such Survivor or any of them the full and entire sum of Six Thousand pounds in manner following that is to say the said sum of six thousand pounds without any interest for the same if the said sum shall be called in and Demanded during the life of the said Samuell Ennys by the said Thomas Willys and John Morton or the Survivor of them or by the Executors Administrators of such Survivor and in case the same shall not be called in and demanded as aforesaid during the life of the said Samuell Ennys then the said sum of six thousand pounds with interest from and after the decease of the said Samuell Ennys after the rate of five per Cent per Annum without making any abatement deductions or(( )) thereof for Taxes Assignments or any other impositions matter or thing whatsoever then this present bargine Sale and demise to be utterly void and of none Effect and the said Samuell Ennys for himself and his heirs Executors and Administrators doth covenant promise and agree to and with the said Thomas Willys and John Morton their Executors Administrators and Assigns and Every of them by these presents in mannor and form following that is to say that the said Samuell Ennys his Heirs Executors or Administrators some or one of them shall and will well and Truly pay or cause to be payd unto the said Thomas Willys and John Morton or the Survivor of them or the Executors or Administrators of such Survivor or some or one of them the said sum of six thousand pounds in mannor and form and upon such demand as in the forgoing proviso in mentioned and declared and further that he the said Samuell Ennys is seized in Fee Simple absolute of and in the hereby sold and demised premises and Every part thereof and have full power and Lawfull Authority to bargine sell and demise the same with their appurtenances unto the said Thomas Willys and John Morton their Executors Administrators in manner and form aforesaid and the said Samuell Ennys for himself his Heirs and Administrators doth covenant and promise to and with the said Thomas Willys and John Morton their Executors Administrators and Assigns and every of them that he the said Samuell Ennys hath not done any Act matter or thing whatsoever the hereby bargained sold and demised premises or any part thereof are is or maybe charged impeached or incumbred in title charge Estate or otherwise How ever Except on Term of five hundred years of and in the said Mannor of Winington and of and in the Lands Tenements and Hereditaments of him the said Samuell Ennys situate and lying in the parishes or hamlets of Cury Gonwalloe alias Gunwalloe Winnington or in any adjoining parishe or place treated and Assigned by him the said Samuell Ennys to Dudley North Esq. for securing the repayment of a thousand pounds and interest by Indenture dated the thirteenth day of July one Thousand and Seven hundred and fifteen and the several leases to the respective Tenants of the premises And further that in case default shall be made of paying the said six thousand pounds or any part thereof to the said Thomas Willys and John Morton or the Survivor of them the Executors and Administrators of such Survivor in manner and form and upon demand as aforesaid that them the said Samuell Ennys his Heirs and Assigns and all and every other person or persons claiming or to claime by form under or in trust for him them or any of them shall and will on the request and at the cost and charges of the said Thomas Willys and John Morton or the Survivor of them the Executors or Administrators of such Survivor do make and Execute all such further and other reasonable Acts as shall be required for the further and more absolute assuring the said hereby bargained sold and demised premises to the said Thomas Willys and John Morton and the Survivor of them the Executors and Administrators of such Survivor for the Remainder that shall be of the said Term of five hundred years and lastly it is declared and agreed by and between the partys to these Presents that until default shall be made of paying the said sum of six thousand pounds or some part thereof upon such demand and in such manner as aforesaid it shall and may be lawfull to and for the said Samuell Ennys his Heirs and Assigns to have hold and to enjoy the hereby bargained sold and demised premises and every part thereof and to receive and Take to his and their own use the rents issues and profitts thereof without the interruption or disturbance of the said Thomas Willys and John Morton their Executors Administrators or Assigns In Witness whereof the partys hereunto have set their hands and seales the day and year first above written
Thomas Willys John Morton”
On front of document EN/816
“Mortgage of the Mannors of Kenyne and Truro Winnington and Pettigrew and Nampity for 6000 at 5per cent being the Monies advanced on his Marriage with Dorothy Willis and settled on her Dated December 12th 1715”
On front of Document EN/817
“Willys and Mortons Counterpart to Ennys Xber 12th 1715 Fee Simple of the demise of all his Estates for payment of Six thousand pounds to them in Trust for a Jointure for Wife for 500 years
Mannors of Kenwyn and Truro Winington Nampity”

Transcribed by Karen Tuplin

 

 

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