Samuel ALSTON [63]

   Cause of his death was chronic brights disease.

  General Notes:

Samuel resided at "Grooms" Nayland which he left to his nephew Dr Edward Liveing Fenn. He was a legatee under the will of his aunt Philadelphia Liveing and did not marry. His baptism entry relates "received into the church 5 July 1810"

Fines and Recoveries Acts.
The Lord Chief Justice Tindal has been pleased to appoint Samuel Alston, of Nayland, in this County, Gent, a Commissioner for taking the Acknowledgements of Deeds by married women.
Ipswich Journal 9 March 1844

Essex Record Office
Records in private custody
CALENDAR OF DEEDS OF PROPERTY IN WIVENHOE
Reference Code T/B 407/23
Dates of Creation 21 Dec. 1867
Scope and Content Surrender (out of court) of Bailey Pittock of West Bergholt, blacksmith, now of Stoke-by-Nayland (co. Suff.), brewer, and w. Ann to Orbell Geo. Green, of Wivenhoe, brewer, at direction of Samuel Alston of Nayland, Suffolk Messuage or tenement, now or late in tenure or occupation of John Fisher, copyhold of manor of Wivenhoe, in occupation of Ann Newton wid., and a tenement called The Forge formerly in occupation of Sarah King, now of Jonathan Summers now described as a messuage with bake-office, front shop, oven and outbuildings in full trade in occupation of J.W. Barrett, and adjoining messuage, in trade as beer-house, with cellar, stable, cart shed, slaughter-house and yard in occupation of B. Pitt, in occupation of Joliffe and Barrett Consideration: L300 paid by Green to Alston

Essex Record Office
Level: Category Records in private custody
Level: Fonds CALENDAR OF DEEDS OF PROPERTY IN WIVENHOE
Reference Code T/B 407/27
Dates of Creation 8 October 1869
Scope and Content Surrender (out of court) of Orbell George Green of Wivenhoe, brewer and w. to William Emery Denton, of Wivenhoe, shipowner, at direction of Samuel Alston of Nayland, Suffolk, gent. Messuage or tenement, now or late in tenure or occupation of John Fisher, copyhold of manor of Wivenhoe, in occupation of Ann Newton wid., and a tenement called The Forge formerly in occupation of Sarah King, now of Jonathan Summers now described as a messuage with bake-office, front shop, oven and outbuildings in full trade in occupation of J.W. Barrett, and adjoining messuage, in trade as beer-house, with cellar, stable, cart shed, slaughter-house and yard in occupation of B. Pitt, in occupation of Joliffe and Barrett
Consideration: L250 paid by Denton to Alston

Essex Record Office
Level: Category Records in private custody
Level: Fonds CALENDAR OF DEEDS OF PROPERTY IN WIVENHOE
Reference Code T/B 407/26
Dates of Creation 29 September 1869
Scope and Content Deed poll Being warrant of satisfaction from Samuel Alston of Nayland, Suffolk, gent. to steward of manor of Wivenhoe of monies due thereunder

Essex Record Office
Level: Category Records in private custody
Level: Fonds CALENDAR OF DEEDS OF PROPERTY IN WIVENHOE
Reference Code T/B 407/25
Dates of Creation 1 January 1868
Scope and Content Conditional surrender (mortgage; out of court) Orbell George Green of Wivenhoe, brewer and w. Emily to Samuel Alston of Nayland, Suffolk, gent. before Sayers Turner, gent., deputy steward, for L350 Messuage or tenement, now or late in tenure or occupation of John Fisher, copyhold of manor of Wivenhoe, in occupation of Ann Newton wid., and a tenement called The Forge formerly in occupation of Sarah King, now of Jonathan Summers now described as a messuage with bake-office, front shop, oven and outbuildings in full trade in occupation of J.W. Barrett, and adjoining messuage, in trade as beer-house, with cellar, stable, cart shed, slaughter-house and yard in occupation of B. Pitt, in occupation of Joliffe and Barrett.

England Return of Owners of Land 1873. Suffolk.
Alston Sam. Nayland 7a 3r 15p gross estimated rental value. L75/12s/0.

Buried in the Nayland burial ground Bear St Nayland. Samuel's grave is beside E L Fenn in the far west (left) corner of the old section. His headstone reads "In memory of Samuel Alston Solicitor died 17th April 1887 aged 77. Eternal rest grant unto him O Lord and light perpetual shine upon him.
R I P ".

Frances Brennan writes 2012 to advise Samuel's cause of death.

  Research Notes:

Suffolk Record Office, Bury St Edmunds Branch:
NAYLAND PARISH RECORDS
Catalogue Ref. FB64
Creator(s): Church of England, Nayland Parish, Suffolk
CLERGY
Benefice papers - ref. FB64/C4
FILE - Envelope containing letters from Rev. J. Gray to S
. Alston Esq. of Colchester - ref. FB64/C4/1 - date: 1886-1887
A2A uncertain placement.

  Other Records

1. Samuel Alston: Articles of Clerkship, 1824.
Samuel Alston
Clerk's Father: George Alston
Attorney: George Alston
Filing Date: 20 Aug 1824
Parish or Town: Nayland
County: Suffolk

2. Samuel Alston Attorney: Bill Book, 1830-1887, Nayland SFK.
Containing billing details for legal work done for family members over the years.
We have no record of what happened to Alston's Law Practice in Nayland after the death of Samuel

3. Samuel Alston & Thomas Dyer: Mortgage, 1831-1858.
Mortgage to Samuel Alston by Thomas Dyer of Essex Farmer for £300

4. Census: England, 7 Jun 1841, Court St Nayland. Samuel is recorded as aged 30 an attorney born SFK

5. Samuel Alston & Joseph Sargeant: Mortgage, 1844-1851.
Mortgage of property called Newlands in the occupation of William Newman for £170 to Samuel Alston by Joseph Sargeant

6. Transactions between Samuel Alston from John Langley, 1844-1850, Suffolk.
Transactions between John Langley cordwainer 22 May 1844 and the estate of John Langley 8 Feb 1850 and Samuel Alston gentleman & attorney of Nayland probably involving a mortgage of property.
The researcher has not transcribed and studied these Indentures.

7. Mortgagee Sale, 2 Feb 1849, Burch St Nayland. Samuel Alston acting

8. Census: England, 30 Mar 1851, Town St Nayland Suffolk. Samuel Alston is described as a son unmarried, an attorney, aged 41, born Nayland.

9. Samuel Alston: Letter from Henry Kennedy Seal Engineers, 8 Oct 1855, Blackfriars London.
Samuel Alston Esq
Solicitor
Nayland
Suffolk.
London,
22 Upper Stamford Street,
Blackfriars
Oct 8, 1855
Sir
We have a very beautiful representation of the arms of the Alston family, engraved on stained glass burned in with gold which might be framed to hang up in a drawing room, and are willing to dispose of it for Two Guineas.
The Crest is a Crescent charged with a Star, and the arms are "Azure, ten stars, for, 3, 2 and 1," and in the antique bearing of Sir Thomas Alston, of Odell in Bedfordshire, temp:17 Charles I (1642).
We have no objection to be at the expense of a case to pin it in; securely packed in Wool and pay all charge of registering it by Railway or post as you may please to advise on being favoured with a Post Office order.
We are sir,
Your most humble servts.,
Henry Kennedy & Co.,
Seal Engineers.
S. Alston Esq.,
Nayland.
On small notepaper 9cm x 11cm, in an envelope marked paid, postmarked with a black seal 9cmW x 5cm.

10. Samuel Alston to half brother George: Angry correspondence concerning money in trust from mother Anne Alston [60], 1857.
Ref: Bury Record Office Ref. HA541/11253
It appears from the following angry correspondence from George that he was somewhat estranged from his fathers second family by his marriage to Anne Vandezee [60]. Anne in an indenture of settlement dated 26th April 1850 appointed her son Samuel Alston attorney, Thomas Fenn and Robert Fenn trustees for a sum of £3801.13.6. Interest on this to be payable to Anne during her lifetime then to her step son (described at the time as son-in-law) Rev George Alston. At his decease the capital to be divided between his surviving sons. Also an indenture dated 4 Oct 1850 placing £7693 in trust with Samuel Alston Thomas Fenn and Robert Fenn which George Alston and his heirs have a quarter interest in.
However Waldon one of the sons having died George and his remaining three sons decided amongst themselves to seek capital owed to them and divide it between themselves in equal shares. This is set out in a Power of Attorney dated 1 May 1857 see Alfred Henry Alston [71] where he appoints his father George his attorney in the matter.
George, as the oldest son, appears somewhat aggrieved with them as follows in letters to George's solicitor Frederick Hand [2041], Anne also executed a further indenture dated 4th October 1850 which included a financial benefit for George.
A draft copy of a Release of the disputed funds dated 13 July 1856/7, sets out the payment of the funds in trust, and discharge of the trustees, but it very difficult to understand and is displayed in George Alston's picture file.
1. The family home in Nayland went to Georges half brother Samuel below which angered him.

Letter from Samuel Alston:
16 Sept 1856
Dear Sir
Having consulted my Co trustees we consider Alfreds requative (?) is the principle of one of all. We do not consent to a sale before a Probate has been duly signed with the age of the youngest now. I have to remind you of the birthdays and pray when was Waldon Alston Christened, if I am not to have a certificate of his baptism I can't seek one (?).
Dear Sir
Yours truly
S Alston

Letter from Samuel Alston:
Dear Sir
The first installment of the Succession duty being now payable, I retain the dividend that it may be paid forthwith when you shall hear again in about a fortnight. I am afraid the duty will absorb the dividend
I am D'r Sir
Yours truly
S Alston
15th Jan 1857

Letter from Samuel Alston:
Sir
Alston's trust
My intention is to have the duty assessed the beginning of next week and I do not promise to reply to any further letter until that has been completed.
Yours truly
S. Alston
Nayland
20 Jan 1857

Letter from George Alston to Frederick J Hand
Studland Rectory
May 17
My Dear Hand
I see no reason whatsoever that I should not claim from Sam every shilling to which I am justly entitled, a man who refused me a nights lodging in my fathers house and which if I had justice done me would be mine now and not his¹. The interest you have calculated only up to the last tripartite division which was in April 1871 Consequently I am entitled to two years interest on £270 19s 9d which at 4% amounts to more than £20. Now this sum Sam can better afford to pay than I to lose. Be so good therefore as to make him understand this or perhaps you had better forward him this letter.
Yours very truly
G Alston

Letter from George Alston to Frederick J Hand
Studland
July 6th
My Dear Hand
I have this morning received the Power from Alfred duly signed and sealed in the presence of two witnesses. I find that that beggar Fenn had written to Alfred trying to dissuade him from executing the Power and I have no doubt indulged in an abuse of me, but it wouldn't do. I shall be up in town tomorrow or next day so you may expect me in for a few hours. You will of course write to Nayland to say that the Stock must be sold at once. When do Freds holidays begin as I should hope to bring him down here with me.
Kind regards to all
Ever yours truly (In great haste)
G Alston

Letter from George Alston to Frederick J Hand
F Hand Esq
14 Southampton Buildings
Chancery Lane
London
Studland
Aug 10th '57
My Dear Hand
I am delighted to hear that you have brought Sam to his senses; but this is not enough; a fellow who has shewn no little consideration for others and moreover who has afsumed so ridiculous a at. . . . . of his own consequence, must be made to feel his own insignificance and as he vouchsafed to declare he would not object to consider any memorial that might be addrefsed to him he must be made to cry peace (?) So I must beg that you will at once write to him and say that unless the difference in the duty is paid to you on Monday next with interest from the time that it was improperly paid a writ will most certainly be issued against him and co Trustees if he puts in appeaseance it is of no consequence as the money is not wanted at present. I must beg therefore that you will not fail in doing this as I consider it will do immense good to the mind of Sam and his followers. If you feel any reluctance in taking this step I beg you will do it in some other persons name and be so good as to let me hear that it is done.
I get home all right Fred is well . . . . . Will is the . . . . . and has been since I have returned.
Y'rs sincerely
G Alston

Letter from Samuel Alston:

182. -
6 mths intst at 3 pc cash 2.10
184.10
Amt Power of Att 1. -
2 / 183.10
3 / 91.15
30.11.8
3
91.15.0

Sir
I will forward directions on Tuesday for the above £183.10 to be paid on your application at Mefses Barnetts on Tuesday
Yours obediently
S Alston
12 August 1857
Ref: Bury Record Office Ref. HA541/11253

11. Samuel Alston & Edward Holtom: Mortgage, 1861-1871, Nayland SFK.
Indenture between Edward Holtom late of Nayland farmer & butcher & Samuel Alston gentleman mortgage for £850.

12. Census: England, 8 Apr 1861, 33 Court St Nayland SFK. Samuel is recorded as head of house unmarried aged 51 an attorney born Nayland

13. Census: England, 2 Apr 1871, Nayland SFK. Samuel is recorded as head of house aged 61 attorney born Nayland

14. Census: England, 3 Apr 1881, 9 Court St Nayland SFK. Samuel was living at 9 Court Street (Grooms), he is described as the head of the family, unmarried, aged 61, Solicitor, born in Nayland.
Also living in the house were his sister plus:
Mary Sandy, servant, aged 18.
Caroline Farthing, servant, aged 16.
Ref FHL Film 1341442 RG11/1826 Fol 78 Pg9

15. Samuel Alston: His watch.
This watch probably belonged to Samuel Alston of Nayland. It was found in worn old newspaper marked with his name amongst the possessions of Professor Edward Henry Liveing who died on Dec 16 1950 & was buried at Stoke, aged 95. Given to me by his nephew Robert Henry Torlesse Liveing.
Arthur Alston Fenn.

In the possession of Julia Wray Redman [500] A Alston Fenn's grandaughter 1999.

16. Samuel Alston: Will & Probate, 3 Sep 1884, Nayland SFK.
THE WILL of SAMUEL ALSTON:
I Samuel Alston of Nayland in the County of Suffolk Attorney do declare this to be my last will I appoint my nephew EDWARD LIVEING FENN to be the sole Executor thereof.
Next I give and devise to the said Edward Liveing Fenn his heirs and assigns all that my freehold messuage wherein I now reside the closes of meadow land fessuages hereditaments and appurtenances ( the copyhold portion is next the Court Meadow Gate where Thorp lives as informed by my late father George Alston) with all other real estate. Also all estates vested in me upon any trust or by way of mortgage subject to and upon the equities and trusts etc asserting the same. As to my residence and premises subject to my sisters residing there so long as she may think proper rent free.
I give and bequeath to the said Edward Liveing Fenn all my personal estate whatsoever and wheresoever. In witness whereof I have hereto set my hand this third day of September one thousand eight hundred and eighty four. SAM ALSTON
Signed by the said Testator in the presence of us who in his presence being all present at the same time have hereto subscribed our names as witnesses:
Thomas H Thorpe, James R Thorpe.
Probate granted the estate for L31,603. 27 May 1887.
Copy of Will and Probate as follows in possession of E L Fenn 1999.

Samuel Alston died 17 Apr 1887 at Nayland his estate proved 27 May 1887 by Edward Liveing Fenn of 1 Portland Tce Richmond SRY nephew and executor for £31,603 0s 7d reviewed to £31,460 5s 7d
National Probate Calendar.

Wills & Bequests.
The Will (dated Sept 3 1884) of Mr Samuel Alston, late of Nayland, Suffolk, solicitor, who died on April 17 last, was proved on the 27th ult. by Edward Liveing Fenn, the nephew, the sole executor, the value of the personal estate amounting to over £31,000.
Ref Newcastle Courant Friday June 17 1887.