Francis Enys’ will


EN/915
Will and probate, Francis Enys, esquire of Enys

Devising freehold estates, unspecified, in Cornwall and elsewhere to Francis Lord de Dunstanville and Charles Lemon Carclew upon certain trusts, 17 October 1814.

“Will of Francis Enys 1814
This is the last Will and Testament of me Francis Enys of Enys in the County of Cornwall Esquire being
of sound and disposing mind memory and understanding as follows /that is to say, I give devise and
bequeath All and singular my Freehold Manors Messuages Lands Tenements Hereditaments and
Premises whatsoever situate and being at Enys aforesaid or elsewhere in the said County of Cornwall
and all other my freehold Estate whatsoever and wheresoever unto the Right honourable Francis
Lord De Dunstanville and Bassett and Charles Lemon of Carclew in the County of Cornwall Esquire
their Heirs and Assigns to the Uses upon the trusts and to and for the interests and purposes and
under and subject to the several powers provisos limitations and declarations herein after expressed
and contained of and concerning the same thing that is to say To the Use intent and purpose that
they the said Francis Bassett and Charles Lemon and the Survivor of them or his Heirs do and shall
yearly and every year during the natural life of my brother John Enys of Enys aforesaid Esquire if my
Grand Nephew John Samuel Enys of Enys now of Exeter Collage in the University of Oxford Esquire
shall so long live by and out of the rents issues and profits of my said Manors Messuages Lands
Tenements and Estates pay or cause to be paid unto the said John Samuel Enys or his Assigns or
permit and suffer him and them to receive and take the one same annual sum or yearly rent charge
of four hundred pounds of lawful money current in England to be issuing and growing out of all and
singular my said Manors Messuages Lands Tenements Hereditaments and premises and every or any
part or parcel thereof and to be paid and payable to the said John Samuel Enys and his Assigns
during the life of the said John Enys or so long thereof as he the said John Samuel Enys shall live at
the four most usual feasts or days of payment in the year (that is to say) the twenty fifth day of
March the twenty fourth day of June the Twenty ninth day of September and the twenty fifth day of
December in every year by equal portions free and clear and without any deduction or abatement
whatsoever for or in respect of any taxes rates assessments or impositions to be taxed rated
assessed or imposed on the said annual sum or yearly rent charge of four hundred pounds or any
part thereof or on the said John Samuel Enys or his Assigns in respect thereof or on the said
Hereditaments charged or made chargeable therewith or any of them or any part thereof or on any
person or persons in respect thereof by authority of Parliament or otherwise or for or in respect of
any other matter cause or thing whatsoever the first payment thereof to begin and be made on such
of the said days or times as shall happen next after the day of my decease And to this further use
intent and purpose that if it shall happen that the said annual sum or yearly rent charge of four
hundred pounds shall at any time or times be behind or unpaid by the space of fourteen days next
over or after any of the said days or times whereon the same is made payable and ought to be paid
as aforesaid then and so often as it shall so happen it shall and may be lawful to and for the said
John Samuel Enys and his assigns into and upon my said Manors Messuages Lands Tenements
Hereditaments and premises or unto and upon any part or parts thereof to enter and distain and the
distress and distresses then and there found to take lead drive carry away and impound and in
pound to detain until the said annual sum or yearly rent charge of four hundred pounds and all
arrears thereof and all costs charges and expences incurred in taking such distress and distresses
shall be fully paid and satisfied and in default of payment in due time after any distress and
distresses shall be so taken to appraise and sell and dispose of the said distress and distresses or
otherwise act therein according to aw to the intent that thereby the said John Samuel Enys and his
Assigns shall and may be fully paid and satisfied the said Annual Sum or yearly rent charge of four
hundred pounds and all arrears thereof and all costs charges and expences attending the recovery
thereof And likewise to this further Use intent and purpose that in case all of any part of the said
annual sum or yearly rent charge of four hundred pounds shall be at any time or times behind or
unpaid by the space of twenty one days next over or after any of the said days or times of payment
whereon the same is hereby appointed to be paid as aforesaid then and so often although no formal
demand shall be made thereof it shall and may be lawful to and for the said John Samuel Enys and
his Assigns into and upon all and singular my said Manors Messuages Lands Tenements
Hereditaments and Premises or into and upon any part or parts thereof in the name of the whole to
enter and the possession thereof to take and retain and the rents and profits thereof to have receive
and take to and for his and their own use and benefit until he or they shall be therewith or otherwise
fully paid and satisfied the said annual sum or yearly rent charge of four hundred pounds and all
arrears thereof or so much thereof as shall be behind at the time of such entry and also so much
thereof as shall incur and grow due during such time as he or they shall continue in possession of
the said premises after and by means of such entry as aforesaid together with the full costs charges
and expences paid expended incurred and sustained for and by reason or means of non payment or
detention thereof such possession when taken to be without impeachment waste And subject and
charged and chargeable with the said annual sum or rent charge and to the powers and(? ) herein
contained for recovering the same as aforesaid to the Use of my Brother the said John Enys and his
Assigns for and during the term of his natural life without impeachment of or for any manner of
waste and with such powers and privileges as hereinafter are mentioned but nevertheless upon and
subject to the Condition herein contained for using the Surname of Enys only And after the
determination of that Estate by forfeiture or otherwise in the lifetime of the said John Enys To the
Use of the said Francis Lord Dunstanville and Charles Lemon and their Heirs during the natural life of
the said John Enys Upon trust to preserve the contingent remainders hereinafter limited from being
defeated or destroyed and for that purpose to make entries and bring actions as occasion shall
require but nevertheless to permit and suffer the said John Enys and his assigns to receive and take
the rents issues and profits of the said premises to his and their own use and benefit during the term
of his natural life And after the decease of the said John Enys To the Use of my said Grand Nephew
the said John Samuel Enys and his Assigns for and during the term of his natural life without
impeachment of and for any manner of waste and such powers and privileges as hereinafter are
mentioned but subject to the said Condition for using the Surname of Enys only hereinafter
contained And after the determination of that Estate by forfeiture or otherwise in the life time of the
said John Samuel Enys To the Use of the said Francis Lord Dunstanville and Charles Lemon and their
Heirs during the natural life of the said John Samuel Enys Upon trust to preserve the contingent
remainders hereinafter limited from being defeated or destroyed and for that purpose to make
entries and bring actions as occasion shall require But nevertheless to permit and suffer the said
John Samuel Enys and his Assigns to receive and take the rents issues and profits of the said
premises to his and their own use during the term of his natural life And from and after the decease
of the said John Samuel Enys To the Use of the first Son of the Body of the said John Samuel Enys
lawfully begotton or to be begotton and of the Heirs Male of the Body of such first Son lawfully
issuing But subject to the said Condition for using the surname of Enys only And for default of such
Issue To the Use of the second third fourth fifth sixth and all and every other son and sons of the
Body of the said John Samuel Enys lawfully begotton or to be begotton severally successively and in
remainder one after another as they and every of them shall happen to be in priority of birth and of
the several and respective heirs Male of the Body and Bodies of all and every such son and sons
lawfully Issuing the eldest of such sons and the Heirs Male of his Body as they and every of them
shall happen to be in priority of birth and of the several and respective Heirs Male of the Body and
Bodies of all and every such Son and Sons lawfully Issuing the eldest of such Sons and the Heirs Male
of his Body issuing being preferred and to take before the younger of the same sons and the Heirs
Male of his or their body or bodies issuing But subject to nevertheless to the said Condition for using
the said Surname of Enys only And for default of such Issue To the Use of the first Daughter of the
Body of the said John Samuel Enys lawfully begotton and to be begotton and of the Heirs Male of
the Body of such first Daughter lawfully issuing But subject nevertheless to the said Condition for
using the Surname of Enys only And in default of such Issue To the Use of the second third fourth
fifth sixth and all and every other the Daughter and Daughters of the Body of the said John Samuel
Enys lawfully begotton or to be begotton severally successively and in remainder one after another
as they and every of them shall happen to be in priority of Birth and of the several and respective
Heirs Male of the Body and Bodies of all and every such Daughter and Daughters lawfully issuing the
eldest of such Daughters and the Heirs Male of her Body issuing being always preferred and to take
before the younger of the same Daughters and the Heirs Male of her and their Body and Bodies
issuing But subject to the said Condition for using the Surname of Enys only And from and after
default of such Issue To the Use of Luce Ann Enys the Mother of the said John Samuel Enys and her
Assigns for and during the term of her natural life without impeachment of or for any manner of
waste and with such powers and privileges as hereinafter is and are mentioned But subject
nevertheless to the said Condition for using the surname of Enys only And after the determination of
that Estate by forfeiture or otherwise in the life time of the said Luce Ann Enys To the Use of the said
Francis Lord Dunstanville and Charles Lemon and their Heirs during the natural life of the said Luce
Ann Enys Upon Trust to preserve the contingent remainders hereinafter limited from being defeated
or destroyed and for that purpose to make entries and bring actions as occasion shall require But
nevertheless to permit and suffer the said Luce Ann Enys and her Assigns to receive and take the
rents issues and profits of the said premises to and for her and their own use during her natural life
And after the decease of the said Luce Ann Enys To the Use of Jane Enys Daughter of the said Luce
Ann Enys and her Assigns for and during the term of her natural life without impeachment of or for
any manner of Waste and with such powers and privileges as hereinafter is and are mentioned But
subject nevertheless to the said proviso or Condition for using the surname of Enys only hereinafter
contained And after the determination of that Estate by forfeiture or otherwise in the lifetime of the
said Jane Enys To the Use of the said Francis Lord Dunstanville and Charles Lemon and their Heirs
during the natural life of the said Jane Enys Upon trust to preserve the contingent remainders
hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring
actions as occasion shall require But nevertheless to permit and suffer the said Jane Enys and her
assigns and take the Rents Issues and Profits of the said premises to and for her and their own use
during her Natural Life And after the decease of the said Jane Enys To the Use of the first Son of the
Body of the said Jane Enys lawfully to be begotton and the Heirs Male of such first Son lawfully
issuing but subject to the said Condition for using the surname of Enys only And for default of such
Issue To the Use of the second third fourth fifth sixth and all and every other son and sons of the
Body of the said Jane Enys lawfully to be begotton severally successively and in remainder one after
another as they and every of them shall happen to be in priority of birth and of the several and
respective Heirs Male of the Body and Bodies of all and every such son and sons lawfully issuing the
eldest of such sons and the Heirs male of his Body issuing being always preferred and to take before
the younger of the same sons and the Heirs Male of his and their Body and Bodies issuing but
subject nevertheless to the said condition for using the Surname of Enys only And for default of such
Issue To the Use of Francis Ann Enys another of the said Luce Ann Enys and her assigns for and
during the term of her natural life without impeachment of or for any manner of waste and with
such powers and privileges as is and are hereinafter mentioned but subject to nevertheless to the
Condition for using the surname of Enys only And after the determination of that Estate by forfeiture
or otherwise in the lifetime of the said Francis Ann Enys To the Use of the said Francis Lord
Dunstanville and Charles Lemon and their Heirs during the natural life of the said Francis Ann Enys
Upon Trust to preserve the contingent remainders hereinafter limited from being defeated or
destroyed and for that purpose to make entries and bring actions as occasion shall require But
nevertheless to permit and suffer the said Francis Ann Enys and her assigns to receive and take the
rents issues and profits of the said premises to and for her and their own use during her natural life
And after the decease of the said Francis Ann Enys To the Use of the first son of the Body of the said
Francis Ann Enys lawfully to be begotton and the Heirs Male of such first son lawfully issuing but
subject nevertheless to the said Condition for using the surname of Enys only And for default of such
Issue To the Use of the second third fourth fifth sixth and all and every other the Son and Sons of the
Body of the said Francis Ann Enys lawfully to be begotton severally successively and in remainder
one after another as they and every of them shall happen to be in priority of birth and of the several
and respective Heirs Male of the Body and Bodies of all and every such son and sons lawfully issuing
the eldest of such sons and the Heirs Male of his Body issuing being always preferred and to take
before the younger of the same Sons and the Heirs Male of his and their Body and Bodies issuing but
subject nevertheless to the said Condition of using the surname of Enys only And for default of such
Issue To the Use of my own right Heirs for ever And I give and devise all my Duchyhold and
Customary Messuages Lands Tenements and Hereditaments whatsoever and whether the same be
situate in the County of Cornwall or elsewhere And all my Estate Right Title and Interest at Law and
in Equity of in and to the same respectively to such persons and to for and upon such uses intents
and purposes and with under and subject to such limitations powers clauses and provisos as my
Freehold Estates are by this and my will given devised limited or made subject to so far as the
several and respective Estates and Interests therein will permit and extend And I do hereby give
devise and bequeath unto the said Francis Lord Dunstanville and Charles Lemon their Executors and
Administrators All and singular my Messuages Lands Tenements and Hereditaments whatsoever
held by me by any Lease or Leases for years absolutely or for years determinable on lives and
whether renewable or otherwise And all other my Chattles Real whatsoever and wheresoever Upon
Trust by and out of the rents and profits thereof to pay and peform the rents and covenants
reserved and contained in the Leases thereof respectively on the Leases part and behalf and to be
performed and to renew such Leases as are renewable from time to time as occasion shall require
and for that purpose to make such surrenders of the Leases so to be renewed as shall be requisite
and necessary in that behalf and out of the rents issues and profits of the said Leasehold Premises to
raise so much money as shall be sufficient for paying the several fines and other necessary charges
for renewing the several Leases from time to time and subject thereunto In Trust to prevent and
suffer all and singular my said Leasehold Premises and Chattels Real to be held and enjoyed by such
person or persons as from time to time shall be intitled to my said Freehold Estates by virtue of this
my Will as far as the nature of the said Leasehold Premises shall respectively admit of and as by the
Rules of Law and Equity they may Provided always and I do hereby declare my Will to be that my
several Estates herein before respectively devised to the Use of and in trust for my said brother John
Enys and to my said Grand Nephew John Samuel Enys for their respective lives and to the first
second third fourth fifth sixth and every other son or sons and the first and other Daughters of my
said Grand Nephew and the Heirs Male of the Bodies of such Sons and Daughters respectively in the
order course and manner hereinbefore mentioned And also to the use of and in trust for the said
Luce Ann Enys and Jane Enys and the first second and all and every other Son or Sons of the said
Jane Enys and the several Heirs Male of their Bodies issuing in the order course and manner as
aforesaid and to the use of or in trust for the said Frances Ann Enys and her first second and every
other son and sons and the Heirs Male of the Bodies of such Sons and Daughters respectively in the
order course and in manner aforesaid are and were so limited and devised to them respectively
upon this express condition that the said several persons Devisees or (?) use as aforesaid and the
respective Husbands of such of them as are and shall be females when and as they shall respectively
come in to possession of or be entitled to the rents and profits of my said Estates hereby devised to
the use and in trust for them as aforesaid or any part thereof by virtue of any of the limitations
herein contained and during such time as they respectively shall be in possession of or entitled to
the rents and profits of my said Estates by virtue of this my Will shall use assume and take upon him
her and them respectively and continue to use the surname of ‘Enys’ only and shall bear the Coat of
Arms of that family and shall in all Deeds writings Leases and other Instruments be styled or called
by the name of Enys and set subscribe and write his her and their Surnames respectively ‘Enys’ to all
and every such Deeds Writing Leases and Instruments and that in default thereof the person or
persons refusing or neglecting so to do shall not have or take any benefit estate or interest from
under or by virtue of this my Will or any of the limitations herein contained And that in such case the
person who by virtue of this my Will is to take next in remainder after the person or persons so
refusing or neglecting shall enter upon have and enjoy my said Estates for such Estate or Estates
Interest and Interests and in as full ample and beneficial a manner in all intents and purposes as if
the person so refusing or neglecting being tenant for life were actually dead or being tenant in tail
were actually dead without Issue Provided nevertheless that such person in remainder to take by
virtue or in consequence of such neglect or refusal and the Husbands of such as are females shall use
assume and take upon him or her and continue to use and bear the surname of Enys only and shall
bear the Coat of Arms of the Family of Enys in manner and form aforesaid Provided also that any
such Cession or Determination of the Estate of any tenant for life shall not operate to exclude
prevent destroy or prejudice any of the contingent remainders herein before limited to his or her
sons or daughters as the case may be or other person or persons but that the remainder limited to
the said Trustees and their Heirs during the life of every such tenant for life shall after such Cession
or determination take effect and continue for preserving such contingent remainders and giving
them effect as they shall arise and that such Trustees and their Heirs shall offer such Cession or
determination of any such Estate for life and during the suspension or contingency of any of them
next expectant remainder but no longer receive and pay and apply the rents and profits of the same
Estates which would belong to such tenant of life if such Cession or determination had not taken
place unto such person or persons or for such intents and purposes and in the same manner as
under and by virtue of the limitations and provisos in this my Will the same would be payable and
applicable to in case such tenant foe life were actually dead Provided also that any such Cession or
determination shall not in any wise prejudice or affect any Jointure or Jointures portion or portions
term or terms remedied or powers for securing the same or any leases or demises as before such
Cession or determination shall have been limited settled appointed granted created or demised of
and in the same premises or any part thereof by any of the Devises thereof pursuant to and by virtue
of the powers by this my Will for those purposes respectively contained or any of them Provided
also and it is my Will that it shall and may be lawful to and for the said John Samuel Enys and for all
and every his sons who shall successively become entitled to my said Estates by virtue of the
limitations hereinbefore contained and also the sons of the said Jane Enys and Frances Ann Enys as
and when they shall respectively be entitled in possession to the said Estates at any time hereinafter
by any writing or writings under his or their respective hand and seal or hands and seals executed in
the presence of and attested by two or more credible witnesses to grant limit settle or appoint to be
paid and to be issuing out of and charged upon my said Estates hereby devised as aforesaid or any of
them or any part thereof any clear annuity or yearly rent charge unto or in trust for any woman or
women with whom he or they shall marry (either before or after such marriage) provided such
annuity or yearly rent charge shall not exceed the yearly sum of Six hundred pounds To hold to and
to the use of and in trust for or for the benefit of such woman or women after the death of her or
their husband or husbands respectively during the life of such woman or women And also to annex
to such Rent Charge or Rent Charges respectively such powers and remedies for recovering or
receiving the same when in arrear and to raise create or demise such term or terms in the
Hereditaments so charged or any of them and under such trusts powers and provisos for the better
securing the payment of the said Rent Charge or Rent Charges respectively as are usually annexed to
rent charges or raised created or demised for securing the same Provided always and it is my Will
that my said Estates shall never be chargeable with the payment of more than one such Annuity or
rent charge or in the whole to a greater annual sum than Six hundred pounds as a provision or
provisions for any such woman or women at the same time And provided that no such appointment
be made by either of the said persons empowered to make such as aforesaid who shall be at the
time of making the same under the age of twenty one years without the consent of the Trustees or
Trustee under this my Will for the time being thereunto first had and obtained in writing Provided
also and it is further my Will that it shall and may be lawful to and for the said John Samuel Enys and
also to and for the said Jane Enys and Frances Ann Enys as and when they shall respectively be
entitled in possession to my said Estates and the rents and profits thereof to charge the same in case
of his her or their marriage with any sum or sums of money not exceeding the sum of ten thousand
pounds for a portion or portions of a Daughter or Daughters younger son or sons with interest for
the same not exceeding five pounds for every one hundred pounds by the year and to limit and
create any term or terms of years of and in the said or any part or parts thereof for the securing and
better raising such portion or portions and Interest Provided always that no such charge shall be
made by either of them the said John Samuel Enys Jane Enys and Frances Ann Enys while under the
age of twenty one years without the consent of my Trustees for the time being thereunto first had
and obtained in writing Provided also and my Will and Mind further is And I do hereby direct that it
shall and may be lawful to and for the person or persons who shall be intitled to the rents and
profits of my said Estates for the time being by virtue of this my Will and the limitations herein
contained as and when they shall respectively become intitled as aforesaid in case they shall have
attained the age of twenty one years and to and for my said Trustees or the Survivor of them and
the Executors or Administrators or such survivor during the minority of and until such persons
respectively who shall successively be entitled in possession to my said Estates as aforesaid under
and by virtue of the limitations hereinbefore contained shall contain his her or their age or
respective ages of twenty one years by Indenture or Indentures under his her or their hand and seal
or hands and seals to demise lease or set all or any part of my said Estates to any person or persons
for any term or number of years not exceeding twenty one years in possession and not in reversion
remainder or expectancy or by way of future Interest so as upon every such Lease there be reserved
and made payable during the continuance thereof respectively the mist improved and best yearly
rents (by half yearly or quarterly payments) that can be reasonably had or obtained for the same
without taking any sum or sums of money or other thing by way of fine or premium for or in respect
of such Lease or Leases and so as no such Lease or Leases be made dispunishable of waste by any
express words therein and so as in every such Lease there be contained a Clause of (?) on nonpayment
of the rent or rents to be thereby reserved and so as no Lease of any Copyhold or
Customary Hereditaments be granted without a licence from the Lord or Lady of the Manor whereof
the same are held or contrary to the Custom of such Manor and so as nothing to be contained in any
Lease of Hereditaments which are held by me under Lease which shall avoid or render voidable the
original Lease or Leases of the same premises and so as the Lessee or Lessees to whom such Lease or
Leases shall be made do execute a Counterpart or Counterparts thereof any thing contained to the
contrary thereof in any wise notwithstanding Provided also and my Mind and Will further is and I
hereby direct that it shall and may be lawful to and for such person or persons who shall be intitled
to the rents and profits of my said Estates for the time being by virtue of this my Will and the
limitations herein contained as and when they shall respectively become intitled as aforesaid in case
they shall have attained the age of twenty one years and to and for my said Trustees and the
Survivor of them and the Executors and Administrators of such Survivor during the minority of and
until such persons respectively who shall successively be entitled in possession to my said Estates as
aforesaid under and by virtue of the limitations hereinbefore contained shall attain his her or their
respective ages of twenty one years by Indenture or Indentures under his her or their hand and seal
or hands and seals to grant demise lease and set such part or parts of my said Estates or any part or
parts thereof as hath or have been hereinbefore usually granted out or demised by Indenture of
Lease or by Copy of Court Role for lives or long terms of years determinable on lives unto any person
or persons for any term or number of years not exceeding ninety nine years determinable on the
death of one two or three persons to be herein named or for one two or three lives absolute all in
being at the same time either in possession or reversion remainder or expectancy and also to grant
by Copy of Court Role such part or parts of my Freehold Estate or any part thereof as hath or have
been usually heretofore granted out by Copy of Court Roll determinable on lives unto any person or
persons for one two or three lives either in possession or revision remainder or expectancy so as in
neither of the Cases aforesaid there shall be more than three lives in being at the same time and to
take any fine or monies for granting such last mentioned Leases namely such Leases for years
determinable or lives or leases for lives absolute or Copies of Court Role so as upon every such Lease
or Copy of Court Role there be not reserved and made payable during the continuance thereof
respectively a less yearly rent than shall have been heretofore usually reserved and paid for the
premises whereof such Lease or Leases Copy of Court Role or Copies of Court Role shall be so
granted as aforesaid and so as none of the said Leases or Copies of Court Roll be made dispunishable
of Waste by any express word therein and so as in every one of the same Leases there be contained
a Clause of (?) on non payment of the rent or rents to be thereby reserved and so as the Lessee or
Lessees to whom any Lease or Leases shall be granted do execute a Counterpart or Counterparts
thereof any thing hereinbefore contained to the contrary thereof in any wise notwithstanding
Provided always and it is my Will and I do hereby declare that if my said Trustees or either of them
or the Heirs Executors or Administrators of either of them or any future Trustee or Trustees to be
appointed in stead or place of them or any of them as hereinafter is mentioned shall die or be
desirous of being discharged of and from or refuse and decline or become incapable to act in the
trusts hereby (?) in them respectively as aforesaid or go to reside beyond Seas before the said Trusts
shall be fully executed performed and discharged Then and in every such case and when and as soon
as often as the same shall happen it shall and may be lawful to and for the said Trustees or the
Survivor of them or the Executors or Administrators of such Survivor (with the consent and
approbation in writing of the person who shall for the time being be intitled to receipt of the rents
and profits of my said Estates by some writing or writings under his her or their hand and seal or
hands and seals and to be attested by two or more credible witnesses from time to time to
nominate substitute or appoint any other person or persons to be a Trustee or Trustees in the stead
or place of such present or future Trustee or Trustees so dying or desiring to be discharged going to
reside beyond Seas or refusing declining or becoming incapable to act as aforesaid and that when
and as often as any new Trustee or Trustees shall be nominated and appointed as aforesaid all the
Trust Estates powers and premises which shall then be vested in the Trustee or Trustees so desiring
to be discharged or refusing declining or becoming incapable to act or going to reside beyond Seas
as aforesaid either solely or jointly with the other Trustee or Trustees shall there upon with all
convenient speed be conveyed assigned surrendered and transferred in such sort and manner and
so that the same shall and may be legally and effectually vested in the surviving or continuing
Trustee or Trustees and such new or other Trustee or Trustees or if there shall be no continuing
Trustee or Trustees Then in such new Trustees only To the same Uses and upon the same Trusts as
are herein before declared of and concerning the same or such as so many of the same Uses Trusts
and Powers as shall or may be then subsisting and capable of taking effect and that every such new
Trustee shall and may in all things act and assist in the management carrying on and execution of the
Trusts to which he shall be so appointed in conjunction with the other then continuing Trustee or
Trustees if there shall be any such continuing Trustee or Trustees if not then by himself herself and
themselves as fully and effectually and with all the same power and powers authority and
authorities whatsoever and to all effects constrictions and purposes whatsoever as if he or they had
been originally in and by this my Will nominated a Trustee or Trustees and as the same Trustee or
Trustees herein named his or their heirs executors or administrators in or to whose place such new
Trustee or Trustees respectively shall come or succeed are or is enabled to do or could or might have
done under and by virtue of this my Will if then living and continuing to act in the trusts hereby
reposed in him or them any thing hereinbefore contained to the contrary thereof in any wise
notwithstanding Provided also and it is further my Will that the said several Trustees hereby
nominated and appointed and the Trustees to be appointed by virtue of the provision last herein
before contained and each and every of them and the Heirs Executors Administrators and Assigns of
them each and every of them shall be charged and chargeable only for such monies as the same
Trustees respectively shall actually receive by virtue of the Trusts hereby reposed in him and them
notwithstanding his or their or any of their giving or signing or joining in giving or signing any receipt
or receipts for the sake of Conformity And that any one or more of them shall not be answerable or
accountable for the other or others of them or any or either of them for the acts receipts neglects or
defaults of the other or others of them but each and every of them only for his own acts receipts
neglects or defaults respectively And that they or any of them shall not be answerable or
accountable for any Banker Broker or other person with whom or in whose hands any part of the
monies coming to their or either of their Hands by virtue of the Trusts hereof shall or may be
deposited or lodged for safe custody or otherwise in the execution of the Trusts hereinbefore
contained Nor for any other misfortune loss or damage which may happen in the execution of the
aforesaid Trusts or in relation thereto except the same shall happen by or through his or their wilful
default respectively And then and in that case each person respectively shall singly and alone be
answerable for such loss or damage a shall arise from his or her own default And also that it shall
and maybe lawful to and for my said Trustees and such future Trustee or Trustees to be appointed
as aforesaid and every or any of them their and every of their Heirs Executors Administrators and
Assigns by and out of the monies which shall come to their respective hands by virtue of the Trusts
aforesaid to deduct retain and reimburse to and for himself and themselves respectively and to
allow to his and their Co-Trustee and Co-Trustees all costs charges damages and expences which
they or any of them shall or may suffer sustain expend disburse lay out be at or be put unto in or
about the execution of the aforesaid Trusts or in relation thereunto And as to for and concerning all
and singular my Household Furniture China Linen Plate Books Monies Stocks Funds and Securities
and other my personal Estate and Effects whatsoever and wheresoever (except my said Chattels
Real before devised) Subject to the payment thereout of my just debts and funeral and testamentary
expences and to any Legacies which I shall give or bequeath or direct to be paid by any Codicil or
Codicils to this my Will to be hereinafter made by me I give and bequeath the same any every part
thereof unto my said Brother John Enys to and for his own and absolute use and benefit And I do
hereby nominate constitute and appoint my said Brother John Enys Executor of this my Will And I
hereby revoke all former Wills at any time or times made by me and I do declare this to be my last
Will and Testament In Witness whereof I the said Francis Enys have to this my last Will and
Testament contained in two Skins of Parchment set my Hand and Seal (that is to say/my hand to the
first skin thereof and my Hand and Seal to this second and last Skin thereof this seventeenth day of
October in the Year of our Lord one thousand eight hundred and fourteen.
Signed sealed published and declared by the said Francis Enys the Testator as and for his last Will
and Testament in the presence of us who in his presence at his request and in the presence each
other have hereunto subscribed our Names as Witnesses
Tho Robyns Curate of the Parish of St Gluvias
John Keville Fellow of Exeter Collage Oxford
Han Sandys of Crane Court London Gentleman Gentry”

EN/916
Probate copy of will of Francis Enys and 3 codicils, appointing grand nephew John Samuel Enys executor

P C C. 22 May 1821.

“Codicils
Sworn under £25,000
Whereas by a Will made and executed on the 17th Oct 1814 which with a Codicil executed June 8th
1816 and republished I have disposed of all my Landed property I do now by this Codicil make the
following bequests to be paid out of my personal property I give and bequeath to my Heir Luce Ann
Enys the sum of five hundred pounds and my Lease of a house in St James’s Square Bath I give and
bequeath unto my great Nephew John Samuel Enys the sum of four thousand pounds in trust for his
Sisters Jane and Francis Enys the same to be equally divided between them when the youngest shall
attain the age of twenty one with benefit of survivorship in case either of them shall die before she
shall attain to that age the said John Samuel paying them Interest at 5 per cent on the same during
the minority I give to my Niece Jane Maria Enys Widow of my Nephew John Enys decd the sum of
one hundred pounds in remembrance of my sincere affection I give to Miss Agnes James the sum of
three hundred pounds I give to William the son of Thos Warren Esq. the sum of two hundred pounds
and to his sisters Grace and Loveday the sum of one hundred pounds each I give to the Governors of
the Cornwall Infirmary in trust for the said Charity the sum of two hundred pounds Mrs Francis (P?)
having been provided for by my late Brother John Enys I only bequeath to her the sum of one
hundred pounds as a small memorial of her (?) to us all I give to all my Servants who may be living
with me at the time of my death the usual suits of Mourning and to those who may have lived with
me five years or upwards the sum of five pounds cash I give to William (Scott?) If living with me at
the time of my death the sum of twenty five pounds in addition to what has been given him in the
last clause This Codicil was written with my own hand and signed with my own Name this 22nd of Oct
1818 at Enys
This is a Codicil to the last Will and Testament of me Francis Enys of Enys in the County of Cornwall
Esquire bearing date on or about the fourteenth day of October One thousand eight hundred and
fourteen Whereas I have since the date and execution of my said Will acquired by purchase devise
or devises certain freehold Lands Hereditaments and premises situate in the said County of Cornwall
which I am desirous should be limited in like manner as my Manors and freehold Estates are directed
by my said Will within written Now I do hereby by this Codicil thereto and republication thereof give
devise and bequeath all such subsequently acquired Lands and Hereditaments to the same persons
and to for and upon the same uses trusts intents and purposes and in like manner as I have in and by
my said Will given devised and bequeathed the same Manors Lands Tenements and Hereditaments
And Whereas since the date of my said Will my Brother John Enys departed this life now I do hereby
nominate and appoint my Grand Nephew within named John Samuel Enys to be Executor of my said
Will and do give him all my personal Estate except such part thereof as I have bequeathed by a
certain Codicil bearing date on or about the twenty second day of October Instant and which I
hereby confirm and except such as I shall leave by any other Codicil to my said Will And I do hereby
confirm my said Will In Witness whereof I have hereunto set my hand and Seal this twenty ninth day
of October One thousand eight hundred and eighteen
Sighed Sealed published and declared by the said Testator as and for a Codicil to his Will in the
precence of us who have subscribed our names as Witnesses thereto at his request in his presence
and in the presence of each other
H M Grylls of Helston Cornwall Gentleman
William Robinson Hill Cornwall
Han Sandys
Dec 14th 1818 Bath
Whereas I have this day disposed of my house in St James Sq for £2000 I do hereby give the said sum
of £2000 to my Heir Luce Anne Enys to enjoy the Interest thereof during her life with the disposal of
the said £2000 to both or either of her daughters Jane and Frances in such proportions as she may
think proper.F Enys”

 Transcribed by Karen Tuplin

 

 

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