These documents relate to Dorothy Willys, wife of Samuel Enys.
Accounts of Dorothy Enys with son John as to her legacy from her husband Samuel
With a letter from Dorothy to John about the said accounts and general news.
EN/875-EN/878 and EN/882 were in one bundle labelled, ‘old family accounts and bonds to secure children’s legacies etc.’
“Letter to John Enys (1710-17) from his mother Dorothy.
Dated December 22nd 1750
My Dear Son Enys,
Ye inclosed is Two Coppys of ye account you lately sent me :which anserd Exactly to my own account: but by these you will find I have Taken of you 60 pounds for ye Coach Horses to that ye Debt now remaining is but £631-15-0: which I am in no manner of Hurry to have paid: you are to send me back ye Coppy of ye account that I have sined: as then I will Cancel that I received from you which will Make all things regular: I hope ye Tins Mines are Still Successful which I heartily wish a long Continee of: be pleased to tell my daughter Enys I have received her letter: And will get ye things ready that she visit for as soon as I Can: which I suppose She would have Sent to Cornwall by hand Carriage: I was very Sorry to hear by her letter that she had been so long Confined with a Sore leg :but rejoye to hear by my Son Sam’s letter which I received yesterday that she is now much better and able to Come down Stairs again: So hope She well Soon get perfectly well: I am also vastly glad to hear Dear little Dolly is so well recovered of ye Swine pox: And that all your family at Enys are in Good Health: which is that you may all long injoy that great Blessing are your prayers and hearty wishes of
Yr Loveing and affectionate
Mother D Enys
All friends here continue very well and Joyn with me in due Complements as —– to all friends at Enys My Sister Hall I beleave will Stay with me Sometime after Christmas: Harry is not at present in Town but desires to Come to go back with my Sister he Told me he desired to write to Sam very Soon
(Dolly was John’s daughter Dorothy who would have been four years old)
(Sister Hall was Dorothy Enys’s sister Jane who was married to Henry Hall of Sutton Hall in Essex)”
Copy of will of Dorothy Enys, widow of Conduit Street, St George’s Hanover Square, Middlesex
Devising real estate, unspecified, to son Samuel Enys and daughter Katherine Enys, executors, 28 November 1751.
“Will of Dorothy Enys.
Dated 8th November 1751
In the name of God Amen. I Dorothy Enys of Conduit Street in the Parish of St George Hanover Square in the County of Middlesex Widow ,being in a good state of bodily health and of a Sound and disposing mind and Memory, Do make and ordain this my last Will and Testament in manner and form following (that is to say) Imprimis I devise my body to be put into a Leaden Coffin and be decently buried ,at the discretion of my Executors herein after named ,and that all my Debts which I shall owe at the time of my Death, and Funeral Expences be first paid out and satisfied and after payment thereof, I give and Bequeath unto all my Sisters, and Brothers in Law, my Cousins Mrs Frances Morgan ,Isabella Fisher, Mary Fisher, Katherine Fisher, Doctor Osborne and Mary Osborne his wife a Gold Ring apiece of the Value of one Guinea .To the Poor of the Parish Gluvias in the County of Cornwall the Sum of Ten Pounds to be distributed unto them at the Discretion of my Executors .Item I give and Bequeath unto Mary Foxworthy ,Mary Neville and Margery French Wife of John French the Sum of five pounds apiece. Item I give and bequeath to my Godson the Reverend Mr Thomas Michell the Sum of Twenty Pounds, To my Nephews Robert Michell and Samuel Warren, and my Niece and God Daughter Mary Pudner the Sum of Ten Pounds apiece. Item I give and Bequeath unto my Servant William Linsay the Sum of five pounds a year during his Life to be paid him half yearly .To my Maid Servant that attends my person the Sum of five pounds and all my Cloaths Linnen and wearing apparel. To all and every other of my Servants, that shall be living with me at the time of my death the Sum of four pounds apiece. Item I give and Bequeath unto Jane Bamfield of Milor in the County of Cornwall Wife of Richard Bamfield the Sum of One hundred Pounds unto and for her own separate use and Behoof of Exclusive of her present or any future Husband. Item I give and Bequeath unto my Son John Enys Esq. the Sum of One Thousand Pounds. Item I Give and Bequeath to my Grandson Samuel Enys Son of my said Son John Enys the Sum of Two Thousand Pounds. To my Grand Daughter and God Daughter Dorothy Enys Eldest Daughter of my said Son John Enys The Sum of Five hundred Pounds. To my Grand Daughter Lucy and Daughter of my Son John Enys the Sum of Three hundred Pounds. To my Daughter in Law Lucy Enys Wife of my said Son John Enys the Sum of Twenty Pounds for mourning. To my said Son John Enys my Diamond Hoop Ring and his Father’s Picture. To my Son Samuel Enys my Gold Watch and his own Picture. To my Daughter Katherine Enys my Diamond Earings.Lastly All the Rest Residue and Remainder of my money and Securitys of money,Plate,Jewells Rings,Goods,Chattells and Personnal Estate And also all my Messuages,Lands,Tenements and Hereditaments whatsoever and wheresoever /not herein before Given, Devised, or Bequeathed. I give, Devise and Bequeath unto my said Son Samuel Enys and my said Daughter Katherine Enys and their Heirs Executors Administers and Assigns for Ever equally to be divided between them Share and Share alike. And I Do Hereby make and appoint them my said Son Samuel Enys and my Said Daughter Katherine to be my joint Executor and Executrix of this my last Will and Testament Revoking all former Wills by me made. In Witness whereof I have hereunto set my hand and Seal this Twenty Eighth day of November in the Twenty fifth year of the Reign of King George the Second and in the Year of Our Lord One Thousand Seven hundred and Fifty one.
This note found in the Will.
Item I will and Bequeath to my Dear Son John Enys all Debts that shall be owing from him to me of my Jointure at the time of my death.
Witness my hand Dorothy Enys.
Imprimis-in the first place.
Plate-silver plated items.
Messuages-dwelling houses with the out buildings.
Hereditaments-property that can be inherited.
Jointure-arrangement by which a man sets aside property to be used for the support of his wife after his death.”
Questions, opinions and remarks on will of Sir William Willys
Questions, opinions and remarks on William Willy’s will 1733, 2 bonds 1733, legacy accounts 1735, and draft release by executors of Dorothy Enys to executors of William Willys 1764, and relating to the legacy from William Willys to Dorothy Enys.
“Opinion on Sir William Willys Will 1733
Be pleased to peruse the Will of Sir William Wyllys to give your opinion on the following queries
Q. Whether the Executors and Trustees can safely place out the £5,000 Devised to the separate use of Mrs Enys or any of ye money to be raised for her comfit by Sale of Estates as in ye Will. On the Bond of Samuel Enys Esq. her husband Mrs Enys consenting to and approving thereof or is it reasonable to suppose that A Court of Equity will —-any of ye money devised to Mrs Enys to be laid out on such family tho’ she would consent these to
Note. Mr Enys is a Gentleman of a very good Estate and part thereof is not under any Settlement.
Q. In case personall family cannot be —- may not Mr Enys lay out ye money in a purchase of Lands in his own name with the consent of Mrs Ennys And then immediately Mortgage it Back to the Trustees to Same? and Same? for the —-in the Will mentioned and if his Method not approved What Method May be taked to invest the Trust Money in Land foe Some purchasers often? In the neighbourhood of Mr Ennys and both he and his Lady are desirous to have ye Secure to invest if a proper Method can be found out for doing it with safety for the Trustees either with or without a Decree by consent.
Reply from P Yorke July 31 1733
I am of the opinion that personal Security ought not to be accepted by the Trustees from any person whatsoever, more especially from Mr Enys the Lady’s Husband, and direction of ye Will being express that the money shall be placed out without ye authority or consent of the Husband And I —-that the Trustees will not be warranted in laying out this money in a purchase of Lands, the Trust being only to place it out upon Government or other Security and principal Estate the powers applied to it as such. As to placing out any part of this money upon the Security of a Real Estate of Mr Enys I cannot think it advisable for the Trustees to do it without a direction of a Court of Equity and Will being for express to exclude—–the consent of the Husband, And indeed I much doubt whether a Court of Equity will Decree it to be done,tho’ there is more —–for doing it under the direction of a Court, since the Wife may there be secretly examined as to her free consent Desire to how it so placed out.
EN/952/1 Remarks on Sir William Wyllys Will the words and expressions therein taken in the Strictest Sense.
1. And also that the said Anne Michell, Mary Willys and William Gore and the Survivor of them and the Executors and Administrators of such Survivor Doe and shall during the joint Lives of Samuel Enys Esq. of Enys in the County of Cornwall and my sister Dorothy his Wife Place out a further Sum of five thousand pounds/parts of the said sum of Twenty Thousand pounds)from time to time upon Government or such other Securiys as the said Dorothy Enys shall approve of without the authority or Consent of her said Husband.
Remarks—from time to time –that is in Strictness the Trustees shall place out the £5,000 0n such Security-as Mrs Enys shall approve of for the time being: within three months after it is soe placed out, Mrs Enys may (if she please) signify to ye Trustees that she disapproves of that Security, and direct them to lay it out on another Security which she does approve and Soe on ad infinitum, which direction of Mrs Enys ,if the Trustees refuse to comply with, and any loss does occur by such refusal, the Trustees must make good the same.
—-Remarks on ye words (Government or other Security—
—-A Bond is often better Security than land for there may be latent incumbrances on Lands, which are not soon discovered But a Bond is an unquestionable Security for £5,000 from a Person who is possessed of such a Chattell Estate as Samuel Enys
—Remarks on the word Consent –if ever soe good Security be given for £5,000 if after given, it shall be discovered by new and self interested Trustees that the Husband was acquainted by his Wife of the Security So given, and that the Husband approved of it, all is void, and must be undone, and the Wife must appoint some other Security unknown to her Husband. Soe that if the Husband dos recommend the best of Securitys to the Wife, on which her money may be layd out, it must be rejected: and if the Wife be betrayed to direct the laying out her money on Soe bad Security that a part or all be lost, it must be Soe, rather that the Husband Shall be instructed with advising his Wife:-for to advise her to anything is to consent to the thing Soe advised.
Remarks on the Words Proper hands in ye 5th Paragraph (of Will) These words are so very Strict that, if the Trustees will Keep, or be found to keep to them, they will certainly refuse to pay any interest to anybody approved by Mrs Enys tho’ by letter of Attorney, but will pay it to Herself or to Nobody. But out of those words the Question may arise. Whether Mrs Enys be obliged to goe from Cornwall to London to receive of, or one of ye’ Trustees goe from London to Cornwall to pay it. I conceive the latter, unless the Court of Chancery Shall direct otherwise.
Incumbrances—-things affecting a property such as a mortgage or rent charge.
Anne Michell, Mary Willys and William Gore were the Trustees for Sir William Wyllys Will.”
Transcribed by Karen Tuplin