Other wills and administrations: Will of Mary Ensor


Mary Ensor 1813

Date of will: 9 July 1813
Mary Ensor of Sherborne, widow of John Ensor, yeoman

By this my last Will and Testament made the ninth day of July in the year of our Lord one thousand eight hundred and thirteen, I Mary Ensor of Sherborne in the County of Dorset widow of John Ensor late of the same place yeoman deceased do give and bequeath my worldly goods and Estate in manner and form following. That is to say, First I give unto my daughter Elizabeth Ensor the feather bed, bolster and pillows with the bedstead and furniture in the best chamber and the Counterpane, Quilt and a pair of blankets used therewith. Also I give unto my daughter Rebecca Ensor the Feather bed now used by me with the Bolster and Pillows, Bedstead and Furniture, Counterpane, Quilt and a pair of blankets used therwith. I also give unto my said two Daughters all my clothes and wearing apparel, linen and woollen, of every sort and kind to be equally divided between them. All my silver plate and plated goods I give equally between my seven children namely John Ensor, William Ensor, Thomas Ensor, Ann the wife of Robert Gumbleton, Mary the wife of Richard Francis, the said Elizabeth and Rebecca Ensor. All and singular my leasehold Estate and all the rest and residue of my Goods, Chattels, personal estate, moneys, effects and things of what nature or kindsoever and wheresoever the same may be, I give and bequeath unto my said son Thomas Ensor and to my friend Charles Winter of Sherborne aforesaid, mercer, and to their executors and assigns, nevertheless upon this special trust and confidence, that they the said Thomas Ensor and Charles Winter or the survivor of them, his executors or admons, do and shall immediately after my decease take and receive all such money as I shall happen to have by me at the time of my decease and collect in all such as shall or may be due and owing to me at that time and sell and dispose of my Leasehod Esate and all other my saleable effects and things either by private sale or public auction and either together or in lots or parcels in part one way and part another, as they shall think proper, or as they shall be advised will be for the best; and with the moneys arising from or by the ways and means aforesaid, first pay and satisfy all my just debts and funeral expenses, and the expense of proving this my will, and all other expenses anyways relating to or concerning the trusts hereby reposed in them my said trustees. And after payment thereof, upon trust and I do herby direct them my said trustees or the survivor of them, his executors or admons, to pay retain and divide the clear net balance or surplus in their hands unto and equally between my said seven children namely the said John Ensor, William Ensor, Thomas Ensor, Ann Gumbleton, Mary Francis, Elizabeth and Rebecca Ensor subject to the Provisions havereinafter contained, as respecting the shares of my said Sons John and William and Daughter Ann. And I do hereby declare that what I have given to my said Daughters Ann and Mary is given to them respectively for their own sole separate and distinct use and benefit and not to be subject or liable in any manner to the debts control or management of their respective husbands, but be wholly at their own disposal and for which the receipt and receipts of them my said two daughters Ann and Mary shall be a sufficient discharge to my said trustees for what they shall be entitled to and receive by and under this my will. Provided always, and I do hereby order, direct, authorise and empower my said trustees and executors or the survivor of them, his executors or admons, to deduct and retain out of my said son John's share of my said trust moneys the two sums of one hundred pounds and seventy five pounds; the one hundred pounds being a sum due from him, my said son John, to my said son Thomas and which one hundred pounds he my said son Thomas is to retain to his own use, and the seventy five pounds is a debt due to me from my said son John and is to be retained by my said trustees and executors as part of my said residuary trust estate. And in case he, my said son John shall object to the aforesaid deductions, then and in such case, I wholly revoke and make void the bequest of a seventh share of my said trust moneys in his favour and hereby give one hundred pounds of my said trust moneys to him, my said son Thomas, over and besides his sixth part or share of my said trust estate, and the remainder I direct shall fall into and be deemed and taken as and for a part of my siad residuary trust estate, for the benefit of my said six other children William Ensor, Thomas Ensor, Ann Gumbleton, Mary Francis, Elizabeth and Rebecca Ensor, subject nonetheless to the proviso hereinafter contained repecting my said son William and daughter Ann. Viz, provided always, and I do hereby order direct authorise and empower my said trustees and executors, or the survivor of them, his Execs or admons, to deduct and retain out of the shares of my said son William and daughter Ann of my said trust moneys as much as my daughter Elizabetrh has lost or shall or may lose of the three hundred pounds principal money which she lent to my son William and son in law Gumbleton, and the same pay unto her my said daughter Elizabeth. And the overplus of their two shares, if any, pay equally between them my said son William and daughter Ann, it being my will and meaning that before they my said son William and Daughter Ann shall take or receive any part of my said trust residuary estate, she my daughter Elizabeth shall be paid the whole of her loss occasioned by her lending her Brother William and Robert Gumbleton the said sum of three hundred pounds; but no interest for such loss shall be paid. And for facilitating the sale or sales of my said Leashold Estate I do hereby declare and direct that the receipt and receipts of them my said trustees and executors or of the survivor of them his execs or admons shall be a good and sufficient discharge to the Purchaser or purchasers thereof for what shall be expressed to be received And I do hereby make consitute and appoint my said son Thomas Ensor and friend Charles Winter joint Executors of this my last will and testament the better to enable them to carry my will and meaning into execution, not doubting but that they will use all due diligence in bringing all my concerns to a speedy conclusion and in the best manner they possibly can. And for facilitating the sale or sales of my said Leasehold Estate, I do hereby declare and direct that the receipt and receipts of my said trustees, or the survivor of them, his executors or admons, shall be a good and sufficient discharge to the Purchasor or Purchasors thereof for what shall be expressed to be received in such receipt or receipts. And that such Purchasor or Purchasors shall from and after payment of his her or their purchase money, or purchase moneys, and taking such receipt or receipts, be wholly discharged therefrom and shall in no respect be obliged to see or attend to the application thereof or be in any manner actionable or accountable for the misapplication or non application thereof or of any part or parts thereof. And I do hereby fully authorise empower and direct my said trustees and executors to indemnify themselves respecively out of my said trust moneys and premises against all such costs losses charges damages and expenses as they or either of them shall or may sustain be at or trust unto for or by reason or means of the trusts by this my will repose in them or in supporting or defending the same. And that neither of them my said trustees and executors shall be answerable or chargeable for any loss or losses that shall or may happen in the management of my said trust moneys and premises unless the same shall happen or be occasioned by or through their or either of their wilful neglect or mismanagement. And in no case shall one of them be answerable for the other of them but each for himself and for his own acts defaults and mismanagement only. In writings whereof I the said Mary Ensor the Testatrix have hereunto set my hand and seal the day and year first before written. Signed sealed published and declared by the said Mary Ensor (the testatrix) as and for her last will and testamwent in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses hereto.

Mary Ensor

John Tucker
? Batson?

Proved 7 Dec 1813

Bolding is mine

You Thomas Ensor of Sherborne in the County of Dorset Yeaoman and Charles Winter of the same place mercer do make oath and swear that the paper writing hereunto annexed contains the true and last will and testament of Mary Ensor late of Sherborne aforesaid widow deceased as far as you know or believe and that you are the executors named therein for the purposes therein expressed. And you further maketh oath and swear that the goods, chattles and credits of the deceased do not as far as you know or believe amount in value to the sum of fifteen hundred pounds. And that you will according to law well and truly administer the same as they shall come to your hands. So help you God.

On the seventh day of December 1813 the above named Thomas Ensor and Charles Winter personally appeared before me and were duly sworn to the truth of the above by me. John Tucker, Surrogate
Sherborne, Dorset

Salisbury Wills
7 Dec 1813

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