These documents relate to the marriage of John Samuel Enys to Catherine Gilbert.
Pre-nuptial marriage settlement of John S Enys and Catherine Gilbert
“Marriage Settlement between Catherine Gilbert and John Samuel Enys
Dated April 14th 1834:
This Indenture is made between John Samuel Enys, Davies Gilbert, Catherine Gilbert, John Davies Gilbert and David Howell. When the marriage takes place Davies Gilbert (Catherine’s father) will secure the sum of £10,000 to be paid to the trustees. The trustees are John Davies Gilbert (Catherine’s brother) and David Howell. £5,000 of the £10,000 is to be invested by the trustees and the interest payments and annual produce are to be received by John Samuel Enys during his life and after his decease to be paid to Catherine during her life. When they are both dead the said payments will go into trust for their children, for their maintenance, education and advancement. If there are no children then the trustees will assign the £5,000 to the executors of John Samuel Enys.
As to the remaining £5,000, residue of the £10,000 held upon trust by John Davies Gilbert and David Howell, who shall during the natural lives of John Samuel Enys and Catherine pay the interest and dividends to such person or persons as Catherine shall appoint to regardless of her said intended coverture (the status of a married woman considered as being under the protection and influence of her husband). Also to pay to Catherine the interest for her sole and separate use and benefit, not for John Samuel Enys’ use, and for which the incumbents of Catherine’s choice to receive the same and it shall be paid to them, up to and after the decease of Catherine .The trustees to pay the interest and dividends of the last mentioned £5,000 to John Samuel Enys during his life and after his decease. The trustees shall make sure that they transfer the £5,000 to the person or persons Catherine wishes to receive the dividends.
It is hereby agreed that the trustees shall after the decease of John Samuel Enys and Catherine pay the dividends to their children.
Provided also that on payment of the £10,000 by Davies Gilbert, the trustees will invest it in public stocks or funds and occasionally with consent in writing from John Samuel Enys or Catherine, alter, vary or transfer the stocks. After the decease of John Samuel Enys and Catherine and at the discretion of the trustees, they shall invest the same in public stocks or funds or in Real Securities and again transfer them to other stocks or funds as they should deem proper.
If any of the trustees should die or wish to be discharged or are deemed incapable, John Samuel Enys or Catherine can appoint new trustees. The trustees shall not be answerable for any loss which may happen in the execution of the trust funds. They may also reimburse themselves from charges and expensive that they incur by running the trust.”
Release, marriage settlement, John S Enys and Catherine Gilbert
Release by F G Enys and others to the trustees of the marriage settlement in respect to the trust funds.
“Release Document for Catherine Enys.
Dated 20th June 1894.
This document is between Francis Gilbert Enys (Catherine’s son) the Reverend Saltern Rogers of St Austell a canon of Truro Cathedral (Catherine’s son in law’s brother), trustees of Jane Mary Rogers nee’ Enys(deceased) John Davies Enys(Catherine’s son),Mary Ann Enys(Catherine’s daughter) and trustees of Catherine’s marriage settlement Henry John Andrews Eyre of Hall Dene in Surrey and John Sancroft Holmes(Catherine’s nephew).
Catherine’s parents left her £19,077 15s 4d consolidated bank annuities which the trustees have been looking after in regards to her marriage settlement and Catherine has received the income from these during her life. On her death the capital sum of £19,077 15s 4d is to be divided between her children except her eldest son Francis. One fourth part to go to Jane Mary Rogers nee’ Enys. In her will Catherine appointed that immediately after her decease the trustees of her marriage settlement shall have two fourth parts of the £19,077 15s 4d in trust for her son John Davies Enys and the last one fourth part to go in trust for her daughter Mary Ann Enys.
Mary Phillipa Guillemard (Catherine’s Aunt) bequeathed in her will of 1845 the sum of £5,000 to be invested in the purchase of £2,600 consolidated bank annuities to the trustees of Catherine’s marriage settlement to be held in trust for her life with the remainder for Catherine’s children equally except for eldest son Francis.
In the marriage settlement of Catherine’s daughter Jane Mary to Henry Rogers her share of the £19,077 15s 4d and £2,600 went to her trustees.
Catherine’s son Charles died in 1891 and in his will he left all his real and personal property to his brother John Davies Enys.
So on the death of Catherine the sum of £19,077 15s 4d was held by the trustees of Catherine’s marriage settlement, they then sold the sum of £600 part of £19,077 15s 4d and by such sale realised the sum of £592 9s out of which they paid £469 6s for probate duty and for expenses incidental in winding up the trust. The trustees have also transferred the sum of £5,569 8s 10d consolidated bank annuities being one fourth part of £19,077 15s 4d and £2,600 to Francis Enys and Saltern Rogers (the trustees of Jane Mary Rogers) £5,269 8s 10d annuities to Mary Ann Enys £10,538 17s 8d to John Davies Enys he gets two fourths because of his brother Charles’s will.”
Transcribed by Karen Tuplin