Catherine SULTZER [950]

  General Notes:

Will of Catherine Alston
27 November 1851
Proved 9 June 1852
This is the last will and testament of me Catherine Alston late of Leicester and now of Giggleswick in the County of York widow I give and devise all my Messuages lands tenements and real estate whatsoever and wheresoever and of every nature and kind unto and to the use of the Reverent Rowland Ingram of Giggleswick aforesaid Clerk and the Reverent Robert Ingram of Chatburn near Clitheroe in the County of Lancaster Clerk and their heirs upon trust to sell and dispose of the same premises either together or in parcels by public auction or private contract and at such time or times with all convenient speed as to my said trustees or the survivor of them or his heirs shall appear most advantageous and at or for such price or prices as they or he shall approve of with liberty if they or he shall think fit to buy in the said premises or . . . . . any contract that they or he may make for sale thereof and to . . . . . the same at any future auction or by private contract without being liable to answer for any loss in price by such resale and I do hereby declare that the receipt or receipts of the said Rowland Ingram and Robert Ingram or the survivor of them or his heirs shall be a sufficient and effectual discharge to the person or persons who shall purchase the aforesaid premises or any part thereof for his or their purchase money and that such purchaser or purchasers shall not be obliged to see to the application thereof or be answerable or accountable for any misapplication of the same and my will is and I so hereby direct that the said Rowland Ingram and Robert Ingram and the survivors of them and his heirs executors and administrators do and shall stand possessed of the monies to arise from the sale of the said premises after paying retaining and discharging all the costs charges and expenses which shall be incurred or occasioned in or relative to the execution of the trust hereby created and deposed in them for the sale thereof upon the trusts hereinafter expressed being desirous that such articles of plate as I shall be possessed of at my decease should not be sold but kept for the use of my daughter Maria Ingram during her life and at her death devised amongst her children I direct my trustees not to convert my plate into money but to permit my daughter to have the use thereof during her life and after her decease to divide the same as equally as may be amongst all such children as she shall leave and who shall live to be adult or if females be married and I desire that a list may be taken thereof and signed by my said daughter I also devise and bequeath all my monies securities goods chattels effects and personal estate whatsoever of every sort and description except what I have hereinbefore disposed of unto the said Rowland Ingram and Robert Ingram their executors and administrators and assigns upon trust to get in and convert into money such part or parts thereof as shall not at my decease consist of money at such time or times and in such manner as they shall think most advantageous and my mind and will is that the said Rowland Ingram and Robert Ingram their executors and administrators and assigns shall be possessed of all the monies to arise as well from sale of my said real estate as from my personal estate after their out paying and discharging my just debts and funeral and testamentary expenses upon trust to layout and invest or continue the same in real Government or Parliamentary securities at interest in the names or name of them the said Rowland Ingram and Robert Ingram or the survivor of them or his executors or administrators and from time to time to change alter very and dispose of such securities for any other or others of such sort or description as aforesaid as my said trustees or trustee shall think proper whose receipts alone shall be good and effectual discharge as to mortgages and all other persons making payments to them or him without any liability or right to see to the application of any such payments and my mind and will is that the said Rowland Ingram and Robert Ingram and the survivors of them and the executors and administrators of their survivors shall stand possessed of the said trust property on the . . . . . funds or securities whereon the same may be invested upon the following trusts that is to say upon trust during the life of my daughter Maria the wife of the said Rowland Ingram to pay the dividends interest and annual produce of the said trust property unto these person or persons and for such interests and purposes as my said daughter shall from time to time notwithstanding her present or any future couverture and whatever covert or sole by any writing or writings under her hand direct or appoint not so as to deprive herself of the intended and benefit of the said . . . . . by sale or mortgage or any other mode of anticipation and as and when such direction or appointment shall be given or in force in trust to pay the same interest or annual produce into the proper hands of my said daughter for her sole and separate use so that the same may not be in any manner subject to the control disposition debts or engagements of her present or any future husband but be at her own sole and absolute and uncontrolled disposal and I hereby declare that the receipt or receipts of my said daughter whether covert or sole or of such person or persons as she shall appoint to receive the same shall at all times be good and effectual discharge as for . . . . . interest and produce and from and after the decease of my said daughter in trust to pay the said principal monies unto and among all and every the children of my said daughter born or to be born and whether by her present or any future husband in equal share and proportions if more than one and if there shall be but one such child then unto such only child to be vested interest in them respectively at the times following that is to say in a son or sons on his or their attaining the age of 21 years and in a daughter or daughters on her or their attaining that age or upon the day or respective days of her or their marriage with the consent of their parents or parent if living or of the Guardians or Guardian if their parents be dead which shall first happen and to be payable to them respectively at such age or ages or times or as soon afterwards as their mother shall die and in case any one or more of such children being a son or sons shall die under the age of 21 years or being a daughter or daughters shall die under that age without having been married with such consent as aforesaid then and in every such case the share of each such child is so dying or so much thereof as shall not have been first applied for his or her benefit in manner hereinafter mentioned shall assume and belong to the other or others of the said children in equal shares and shall be a vested interest at the same time with his her or their original share or shares and be payable there with or as soon afterwards as circumstances will admit of and the like benefit and . . . . . of further accumes? shall equally belong to the surviving as to the original shares provide always that it shall be lawful for the said Rowland Ingram and Robert Ingram and the survivors of them and his executors or administrators aforesaid at any time or times after the decease of my said daughter or sooner if she shall consent and they or he shall think it express to apply any part or parts of the same principal trust monies for the benefit or preferment in the . . . . . of any son or sons of my said daughter who shall not have attained the age of 21 years so as the sum to be advanced for any such son do not exceed one third part of the share of the said trust amount to which such son shall be then presumptively entitled under the trusts of this my Will and also that it shall be lawful for my said trustees or trustee after the death of my said daughter to apply all or any part of the interest or produce of the said trust monies for or towards the maintenance and education of the child or children of my said daughter who shall be then presumptively entitled to the same during his her or their minority or respective minorities and the residue of such interest if any shall accumulate and go in augmentation of his her or their shares of the principal for the benefit of the person or persons who shall eventually become entitled thereto and in case there shall be no child of my said daughter who being a son shall live to attain the age of 21 years or who being a daughter shall attain that age or be married with such consent as aforesaid then in such case my said trustees shall stand possessed of the said trust monies and property or the stocks funds or securities where on the same may be invested or so much thereof or of the interest of the same as shall not have been applied or disposed of for the benefit of the children of my said daughter under the powers hereinbefore given in trust for such person or persons as would have been entitled to the personal estate of my said daughter as her own next of kin if she had died intestate without having had issue or having been married and my will is and I so hereby direct that until my said real estate shall be sold and disposed of the rents and profits of the same and every part thereof shall be paid or applied by my said trustee or trustees to or for the same persons or purposes as the interest of the monies to arise from the sale thereof would be payable or applicable if the said real estate were actually sold I appoint the said Rowland Ingram and Robert Ingram executors of this my Will provided always and my will is that if the said Rowland Ingram and Robert Ingram either of them or any future trustee or trustee be appointed as herein after mentioned shall die or be desirous to be discharged from or shall refuse decline or become incapable of acting in the interests of this my Will before the same trusts shall be completed and fully performed then and in such case as so often as the same shall happen it shall be lawful for the cotrustee or such trustee or trustees so dying desiring to be discharged refusing or becoming incapable to act as aforesaid or for the heirs executors or administrators of the surviving trustee to nominate and appoint any other fit person or persons to supply the place of such mentioned last trustee or trustees and whatever any such nomination or appointment shall be made as aforesaid the said trust estate monies and proceeds shall be conveyed assigned and transferred to and in such case as that the same may become legally and effectually vested as with new appointed trustee or trustees solely or jointly with such surviving or continuing trustee or trustees upon and for the several and respective trusts interests and purposes herein before expressed or as near as maybe and every such new trustee or trustees shall and may in all things act in the trusts of this my Will and shall have and be invested with the same powers and authorities in all respects whatsoever as if he or they had been originally appointed by me and as the said trustees herein named are invested with and moreover I do hereby declare that each of them the said Roland Ingram and Robert Ingram and each and every trustee who shall or may be appointed as above mentioned and each and every of their heirs executors and administrators shall be charged and rechargeable only with and for such money as they shall respectively actually receive by virtue of this my Will and that no one of them shall be answerable or accountable for any other of them or for the acts deeds receipts . . . . . or defaults of any other of them there joining in any receipt for conformity not withstanding nor shall any or either of them or be answerable or accountable for any loss or? accident that shall happen by the failure of any Bank Banker or other person or by the insufficiency of any security or securities or by any other event that shall or may happen without their respective wilful defaults and that each of them and their respective executors and administrators and assigns shall and may . . . . . and retain to himself and themselves and pay and allow to each other out of the rents issues and profits dividends interest and proceeds of the said trust estates monies and premiums or out of any monies which shall come to their respective hands by virtue of this my Will all such costs charges and expenses as they shall respectively bear pay layout expend or be put into by virtue of this my Will or in or about the execution of any of the trusts hereby created or in relation thereto Lastly hereby revoke all former Wills by me at any time heretofore made in witness whereof of I the said Catharine Alston the testatrix have to this my last Will and Testament contained on seven sheets of paper to the six preceding sheets set my hand and to this seventh and last sheet my hand and seal the twenty seventh day of November in the year of our Lord one thousand eight and fifty one
C Alston.
Signed sealed published and declared by the above named testatrix Catharine Alston as and for her last Will and Testament in the presence of us who were both of us present at the same time and at her request in her presence and in the presence of each other have subscribed our names as witnesses.
George Ash Butterton DD
Marion Isabel Coisellis.
Proved at London 9 June 1852 before the Judge by the oaths of the Reverent Rowland Ingram clerk and the Rev Robert Ingram clerk the executors to whom administration was granted having been first sworn by commission only to administer.
PROB 2154

  Other Records

1. Catherine Alston nee Sultzer: Letter to Catherine Mary Liveing nee Downing, 15 Jan 1840, Leicester.
Liveing Archive 43a-d LT4
Noted: From Aunt Alston of Leicester. (Catherine Sultzer)
Written on 4 half sheets both sides of one piece of paper, one sheet edged in black and sealed with black sealing wax.

Leicester Jan 15, 1840

My dear Niece
When I wrote to Mrs Alston I was not aware of the weak state I am in I asked Mr Nedham on Monday when he thought I should be able to leave here he said I must get a little more strength first and that I had better go into Yorkshire though it would be very cold for me he was afraid I should not manage the journey from Nayland to Giggleswick. It is a great disappointment but it is God's will and I must submit and beseech him to grant me a safe journey to Giggleswick when I am well enough to go which I hope shall be very soon. How does this changeable weather agree with your dear
Page 2
Mother is she able to go to church make my kind love to her, hope you and all your family are well I suppose Maria Alston is making preparations for her marriage I think my sister will miss her very much she has been so little from home.
I do not like to ask after poor Edward except I write to you I had a letter from a friend who has been staying at Nottingham she says they are much afraid of a disturbance there trade is so very bad there has been a very large sum subscribed here for the poor people out of employment.
I had intended to bring your daughters some receipts (sic) for cakes. Rock cakes are very nice and I very much in request here. Stir the sugar when sifted and butter together first till it is a froth a little from the fire it must not be so near as to oil it. Six ounces of butter 6 ounces of sugar 2 eggs 4 tablespoons of cream a quarter of an ounce of volatile salts broke small and put into the butter and eggs 1 ounce of candied peel 1lb of flower (sic) and half a pound of currants baked in an oven after bread is taken out, about the size of a small egg and are rough at top,
Page 3
the receipt (sic) was given to me by the person that sells them. Rice cakes from Miss Peake half a pound of rice fl ower (sic) half a pound of flower half a pound of sugar six ounces of butter 2 eggs some lemon peel grated and a little juice made rather small. Ginger cakes without butter 1 ounce of ginger three quarters of a pound of sugar 5 eggs leaving out one white beat them all together and a pound of flower a little volatile salts drop in on tins a quarter of an hour will bake them.
Jany 17
I have this morning received my sister's letter and am truly sorry to hear your dear Anne has been so alarmingly ill but hope as the complaint has taken a favourable turn she will soon be better tho it must be some time ere she regains her strength. I have walked a short distance this morning and find myself very weak I am sorry Mrs Alston's servant is an invalid it will put them about they are fortunate themselves in having such good health. I hope Charles his wife and sons are well when you see them give my love I expect Eliza Sultzer to drink tea and stay the night with me I shall hope to hear from you the end of
Page 4
next week I hope to be able to leave here the week after if I had come to you I should have stayed a week near London with my niece kind regards to your good husband love to yourself and family and the Alston's and sincerely wishing you all many happy new years I remain my dear niece yours affectionately C Alston

Addressed
Mrs Liveing
Nayland
Suffolk

Transcribed E L Fenn - 2015

2. Census: England, 30 Mar 1851, Giggleswick YKS. Catherine is recorded as Mother-in-law widowed aged 77 born Burton Overy LEI

3. Samuel & Catherine Alston: Mourning ring/ broach.
Mourning ring converted to a broach. Hair of Mr Samuel Alston of Leicester (C M Downing's uncle) and Catherine (née Sultzer) his wife. The lighter hair is Mr Alston's. They were father and mother of Mrs Ingram, and the lady was her godmother and gave me my first Bible and Prayer book in dark blue maroons [?] with gold stamp border - q.v. (EL)

This was given to A Alston Fenn by Robert H T Liveing in 1952

Catherine married Samuel ALSTON of Leicester [90] [MRIN: 310], son of Samuel ALSTON [85] and Mary VANDERZEE [86], on 31 Dec 1798 in St Martin Leicester. (Samuel ALSTON of Leicester [90] was born on 17 Sep 1764, baptised on 22 Sep 1764 in Nayland SFK, died on 28 Jul 1835 and was buried on 3 Aug 1835 in St Martins Church Leicester.)