Sir Joseph ALSTON 2nd Bart of Bradwell [3218]

  General Notes:

Sir Joseph was High Sheriff of Bucks 1670. Resided at Alston House and Bradwell Abbey. Died aged 49 a ledger stone exists (1905) in the Chancel of Bradwell Church.

Joseph Alston (or Allastone). Admitted fellow commoner at Caius College Camb.7 Dec 1657 aged 16; School St Pauls; Matric. 1657; Scholar 1659 - 62 etc. (Venn I. 401; G.E.C.)

Allastone (Alston) Joseph; son of Joseph Allastone Esq., Born in London. At St Paul's School, three years. Age 16 Admitted fellow-commoner, Dec 7, 1657. Surety Mr William Naylor. (Brother of Edward, 1669) Scholar, Mids/r 1659 to Mich/s 1662. succeeded his father as 2nd baronet. Sheriff of Bucks 1670. Of Bradwell Abbey, Bucks. Died Mar 21 1688/89. (Lipscomb; iv. 44). Gave to our library Strada de Bello Belgico, 1632.
Ref: Gonville & Caius College Register 1657 - 1658. Dr Venn. NZSOG.

London Metropolitan Archives:
HALLIDAY, BERNARD
Catalogue Ref. Q/HAL
Creator(s):
Halliday, Bernard
CHELSEA
FILE - Marriage settlement - ref. Q/HAL/019 - date: 26 Sep 1662
[from Scope and Content] (1) Joseph Alston, merchant; (2) Joseph Alston, jnr., and Elizabeth Thomson, spin.; (3) Sir Edward Alston and Maurice Thomson of Lee, Lewisham. 4 mess. in Chelsea
Ref A2A

BICKWELL v. ALSTON,
Bill, 24 Oct. 1679, by Barbara Bickwell UZS Bricknell, widow, v. Joseph Alston,
Complainant bought, under will and settlement made by her grandfather, Benjamin Cowper, late of London fishmonger, decd., to have possession of property in Wiston and Nayland, co. Suffolk. But Joseph Alstone, confederating with George Almery, Edward Alston, John Downes, Pening Alston, Joseph Alstone and Gervase Brown have got the deeds into their hands, and pretend some dormant deed of purchase.
In his answer Joseph Alstone says that Penning Alstone, his uncle decd., bequeathed him property in Wiston co. Suffolk, the title to which is well confirmed by deeds and writings, in which complainant is in no way concerned,
Hamilton. 42/62. 1679.
Alstoniana Pg 208

From: 'House of Lords Journal Volume 18: 20 February 1708', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 475-476. URL: http://www.british-history.ac.uk/report.aspx?compid=29632 Date accessed: 05 July 2012.
Alston Joseph, contributor to the "Lacrymae Cantabrigienses" 1695, Bradwell Abbey .
Gentlemans Magazine

His portrait was in 1898 in the possession of Col. Cockburn, of Norwich.

  Research Notes:

The Will of Sir Joseph's father Sir Joseph 1st Bt was subject to years of litigation, see "Other Records"

  Other Records

1. Alston v Alston: Reynardson. 301/1 1704/5, 31 Jan 1704/05, British Library Document No.CW3323656908.
Alston v. Alston HL/PO/JO/10/6/132/2414 & Alston v Alston HL/PO/JO/10/3/197/10
Petition and Appeal of Sir Joseph Alston, Baronet, and Dame Elizabeth Alston, widow (now in HL/PO/JO/10/3/197/10). Annexed: a) Undated -- Answer of the Respondents. b) 18 Dec -- Petition of the Respondents. c) 24 Jan 1707-8 -- Petition of the Respondents. 1707
Ref www.a2a.org.uk

2. Alston v Alston: Reynardson. 301/1 1704/5, 31 Jan 1704/05, British Library Document No.CW3323656908.
Apellants case.
Alston Document 04
ALSTON v. ALSTON.
Bill 31 January 1704/5 by Sir Joseph Alston of Bradwell Abbey, co. Bucks., executor of the will of Sir Joseph Alston, his late father, and Dame Elizabeth Alston, relict and executrix of the said Sir Joseph, who was the only surviving executor of Sir Joseph Alston, Bt. , aforetime Joseph Alston of London, Esq. v. Mary Alston, widow, Ann, Clare and Margaret Alston ; and Martha and Rebecca Maria Alston, infants.
Note by Cresswell that this Bill of complaint is uncomplete due to misfiling of the membranes.
Orator's said grandfather was seised of divers lands &c. in Chelsea, co. Middlesex, and in Bradwell, co. Bucks. with tenements in George Yard, Lombard Street, &c. &c.

In 1662 he made a settlement on the marriage of his son Joseph, (then only Joseph Alston gent.) with the Oratrix Elizabeth, who brought a portion of L3000. A further settlement was made about 1 June 1666, between the said Joseph Alston the elder Esq. and Mary his wife, of the first part : Joseph Alston the younger and Oratrix Elizabeth, his wife, of the second part ; and Sir Edward Alston of London, Kt,, and Maurice Tompson of Lee, co. Kent, Esq., father of your oratrix, of the third part. Joseph Alston the elder made his will about 12 March 1684/5, by which he gave legacies to the children of his son Edward ; he died about May 1688 without having settled the leasehold property in George Yard as he ought to have done, and having previously married as his second wife one Ann Stratton of . . . . . , widow, who on his death got into her possession divers writings and evidences, At the time of the making of the said will, testator's son Edward had 9 children, viz. Joseph, John, James, Elizabeth, Anne, Clare, Margaret, Mary and Catherine Alston, and afterwards had two other children, viz. Martha and Rebecca Maria. Elizabeth attained the age of 18 years and then died intestate in 1697 ; John and James both died hefore they were 21, and Catherine and Mary died in the testator's lifetime.

About January 1689/90, Isaack Alston, who was co-executor with Joseph Alston the son, died ; and Joseph died in March following, leaving your Orator his executor. Edward, son of the elder Joseph, enjoyed bequests under his father's will till his death in or about May 1698, when his widow Mary took out letters of administration. The suit relates to the settlement of accounts between the parties under the wills and settlements above referred to.
This suit furnishes important corroboration of the parentage of Dame Elizabeth, wife of Sir Joseph Alston 2 Bt. She was a daughter of Maurice Tompson of Lee, whose son John was created Lord Haversham. It also decides that Ann Stratton became the second wife of Sir Joseph Alston. Apparently there were two Anne Strattons, widow's, who married two Alston's.
Reynardson. 301/1 1704/5
Alstoniana Pg 191

3. Joseph Alston 2nd Bt.: Will, 1689, Bradwell Abbey.
THE WILL of SIR JOSEPH ALSTON of BRADWELL ABBEY.
Dated 19 Feb 1688
Will of Sir Joseph Alston of Bradwell Abby in the County of Bucks Bart.
Desires his body to be buried in the parish church of Bradwell.
Devises to his wife Dame Elizabeth Alston two Cottages with the Commons and appurtenances belonging thereto, situate in Bradwell, the said Cottages to be left to such one of her sons Joseph, Edward or Isaac as she shall appoint to inherit the same.
The said Dame Elizabeth to have her own pearl necklace, her Jewells, with the goods and things in her closet and to bequeath the same to such of her children as she shall desire to have the same. Also one moiety of the household goods for her use during her life, the whole of the household stuff at her death to belong, to the son Joseph Alston, he taking one moiety on the death of his father.
To Dame Elizabeth Coach and Chariot with four Coach horses or Mares
also the sum of L100
To son Joseph the great Silver bason and spout pott, two great Silver flagons, paire of Silver Candlesticks, the Silver Mounteth, (sac) two Silver rings, Silver Bason to wash hands in, the great Silver Saltcellar, two Silver Chamber potts, the great Silver Chaffing dish, silver snuffers and Snuff dish, silver gilt Tankard, the best Velvet Bedmantle. The farme house called
Forreys farme, with all the houses, lands, tenements &c belonging thereto, in the parish of Bradwell, with three Cottages and Commons and appurtenances, also in Bradwell.
In default of lawful male issue, the above lands to descend to Edward Alston son of testator, failing lawful issue from Edward the lands to descend to Isaac also son of testator and his heirs, failing issue from Isaac, the lands to go to right heirs of Joseph Alston the testator.
Bequeaths to Joseph his son the three houses in George Court, Lombard Street, now held by testator's mother Dame Anne Alston, also his houses lands and tenements in the parish of Chelsea, (Middlesex) failing male issue, this property to descend to the brothers Edward and Isaac, in like manner as the farm and lands in Bradwell.
Five messuages or houses with a plot of ground in George Yard Lombard Street also devised to Joseph the eldest son - he paying the ground rent
To Edward Alston son of testator, plate with the pot and cover that his Uncle Sir Edward Alston gave him, pair of Candlesticks, two silver wrought Salvers, wrought cup with the cover, and the pink coloured Satin laced Mantle, a Messuage or dwelling house in George Court, Lumbard St. and L500.
To Isaac Alston son of testator, three silver salvers, a Silver teapot, six Silver cups, six silver gilt spoons, a little pair of Silver Candlesticks, a Tankard, two silver plates, two silver porringers, with any other silver plate not before devised, the laced Mantle of Cloth of Silver.
Dame Elizabeth to have the use of the Silver left to sons Edward and Isaac until their marriages.
Also to Isaac messuage or dwelling house in George Yard fronting Lombard Street and L500
Should Edward die before the age of 21, Isaac to have the L500 and house bequeathed to Edward-in like manner should Isaac die before the age of 21, his share to go to Edward.
Dame Elizabeth to divide the linen that is in a trunk lined with " skye coloured Sarsnett" as she shall think fit amongst the three sons
Mr. Mathew Disney to preach funeral sermon and receive five guineas
The residue of the estate to Joseph.
Dame Elizabeth and Joseph appointed joint executors
Proved June 19 1689.
Page 124 Alstoniana
Ent 74
PROB 11/391/335

4. Alston v Alston: Alston v Alston litigation over the Will of Sir Joseph Alston 1st Bt, Cir 1707, London.
Apellants case summary.
Alston Document 04
ALSTON v. ALSTON.
Bill 31 January 1704/5 by Sir Joseph Alston of Bradwell Abbey, co. Bucks., executor of the will of Sir Joseph Alston, his late father, and Dame Elizabeth Alston, relict and executrix of the said Sir Joseph, who was the only surviving executor of Sir Joseph Alston, Bt. , aforetime Joseph Alston of London, Esq. v. Mary Alston, widow, Ann, Clare and Margaret Alston ; and Martha and Rebecca Maria Alston, infants.
Note by Cresswell that this Bill of complaint is uncomplete due to misfiling of the membranes.
Orator's said grandfather was seised of divers lands &c. in Chelsea, co. Middlesex, and in Bradwell, co. Bucks. with tenements in George Yard, Lombard Street, &c. &c.

In 1662 he made a settlement on the marriage of his son Joseph, (then only Joseph Alston gent.) with the Oratrix Elizabeth, who brought a portion of L3000. A further settlement was made about 1 June 1666, between the said Joseph Alston the elder Esq. and Mary his wife, of the first part : Joseph Alston the younger and Oratrix Elizabeth, his wife, of the second part ; and Sir Edward Alston of London, Kt,, and Maurice Tompson of Lee, co. Kent, Esq., father of your oratrix, of the third part. Joseph Alston the elder made his will about 12 March 1684/5, by which he gave legacies to the children of his son Edward ; he died about May 1688 without having settled the leasehold property in George Yard as he ought to have done, and having previously married as his second wife one Ann Stratton of . . . . . , widow, who on his death got into her possession divers writings and evidences, At the time of the making of the said will, testator's son Edward had 9 children, viz. Joseph, John, James, Elizabeth, Anne, Clare, Margaret, Mary and Catherine Alston, and afterwards had two other children, viz. Martha and Rebecca Maria. Elizabeth attained the age of 18 years and then died intestate in 1697 ; John and James both died hefore they were 21, and Catherine and Mary died in the testator's lifetime.

About January 1689/90, Isaack Alston, who was co-executor with Joseph Alston the son, died ; and Joseph died in March following, leaving your Orator his executor. Edward, son of the elder Joseph, enjoyed bequests under his father's will till his death in or about May 1698, when his widow Mary took out letters of administration. The suit relates to the settlement of accounts between the parties under the wills and settlements above referred to.
This suit furnishes important corroboration of the parentage of Dame Elizabeth, wife of Sir Joseph Alston 2 Bt. She was a daughter of Maurice Tompson of Lee, whose son John was created Lord Haversham. It also decides that Ann Stratton became the second wife of Sir Joseph Alston. Apparently there were two Anne Strattons, widow's, who married two Alston's.
Reynardson. 301/1 1704/5
Alstoniana Pg 191

Alston v. Alston HL/PO/JO/10/6/132/2414 & Alston v Alston HL/PO/JO/10/3/197/10
Petition and Appeal of Sir Joseph Alston, Baronet, and Dame Elizabeth Alston, widow (now in HL/PO/JO/10/3/197/10). Annexed: a) Undated -- Answer of the Respondents. b) 18 Dec -- Petition of the Respondents. c) 24 Jan 1707-8 -- Petition of the Respondents. 1707
Ref www.a2a.org.uk

The Apellants Case
Apellants:
Sir Joseph Alston Bt
Dame Elizabeth Alston Widow
Respondents:
Maria Alston Widow
Anna Alston
Clara Alston
Margareta Alston
Martha Alston
Rebecca Maria Alston.

Sir Joseph Alston, the Appellant Sir Joseph's Grandfather, by his last Will in writing, dated March 17. 1684. gave 100L to his Grandson Joseph, and to his other-Grandchildren (Children of his younger Son Edward Alston, then living) 200L apiece, payable to the Sons at 21 and to the Daughters at 18, or days of Marriage, with interest, if his Executors put the said Money out at Interest ; and that such of them as were of suitable Age, should be placed out Apprentices, or to some other fitting Employments: And if any of them dy'd before their respective Ages or days of Marriage, then Parts to be divided amongst the Survivors: And also devised several Lease-hold Houses to his Son Joseph and others, and directs he should pay, our of his own estate, the Ground Rent due for the said Houses, it amounting to 24L per annum. And that the Rents of the House wherein Sir Jeremy Snow lived, who paid him for the same 28L per Ann. and the Rent of the House in Mr. Story's possession, who paid him for the fame 80L per Ann. should be paid by his Executors to his said Son Edward during his Life, and after his decease, that his Executors should out of the Rents of the said Premises pay his said Son Edward's Wife, the Respondent Mary Alston, Widow, One third part of the Clear yearly Profits thereat; so long as the kept her self a Widow, and the Surplusage of all the Rents thereof, and likewise the whole Rents thereof, after the determination of her Widowhood, to be paid to all the younger Sons and Daughters of his said Son Edward; and made his said Son Joseph and Isaac Executors, and dies in May, 1688. Isaac dies in 1689. Sir Joseph the surviving Executor, dy'd in 1689, made his Will, and the Appellants Executors Edward Alston, the Father, dy'd in May, 1699. and after making his said Father's Will (at supra) had nine Children, viz. the said Joseph, John, James, Elisabeth, Ann, Clare, Mary and Catherine, and had afterwards born Martha and Rebecca Maria, Catherine and Mary the Testator, John and James dy'd after the Testator, but before they attained their respestive Ages of 21 Years, Elizabeth attain'd her Age of 18 Years, and by Will gave her 200L. Legacy to Martha and Rebecca Maria; so there is only 1200L Principal Money of the Legacies in question. The now Respondents, and then Complainants, exhibited their Bill in Chancery against the now Appellants, for their said Legacies with Interest.

The Appellants, by Answer, admit Assets to pay the Legacies, and that 800L had been by them receiv'd, in part of Money due to the Testator on a Mortgage of 2000L mention'd in the Bill; and say, that the remaining 1200L they are ready to assign over, subject to the Direction of the Court and the Testator's Will, and submit to pay Interest at 5L per cent.

This Answer was gain'd by Surprize ; and in truth was an Imposition upon the Appellants, for that the Appellant, Dame Elizabeth, never was informed, nor ever apprehended that any Bill was filed against her, nor that the Parchment Writing tender'd to her, Was to be an Answer to any Bill, but an insthrument to align what Trust or interest was vested in her for the Respondents; the Fact, as to this being, That a Sunday, which was on or about the 16th day of June, in the Year 1689. one Mr. Smith, and the said Edward Alston the Father, came to her at Bradwell, in the County of Bucks which is 44 Miles from London, and tendered an Instrument in Writing to be signed by her, and told her, It was only to discharge her of the trust reposed in her, in relation to old Sir Josephs, the Testators Will, and then she should have no more trouble therein, or to that effect, upon which she sign'd the same Writing, which is now insisted on to be her Answer before-mentioned, and to have been taken by Commission; but does not remember, or believe, that any Oath was administed to her upon it.
The Appellant Sir Joseph said Answer was taken by the same Commission in London, which is irregular, as likewise the taking the other Answer on a Sunday. Besides, the Commission bears date the 15th day of June, 1689. and the Caption of the Appellant, Dame Elizabeth's Answer, appears to be the 16th day of June 1689, which is very improbable, because of the great distance from London.

There are two Names signd to the Return of the Caption, viz Whitaker and Edward North; whereas the said North is ready to depose that he never sign'd the said Return, nor took any Answer from . . . . the Appellants . . . . .and the Appellant, Dame Elizabeth, had the more reason to believe, that she had only signed such an Assignment as aforesaid for that there never was any Proceeding upon that as an answer, nor did either of the Appellants hear any thing more or it for above ten Years after. And then, in Easter Term, 1703. the said Edward the Father having been dead some Years, the Respondents Exhibited a new Bill against the Appellants for their said Legacies and Interest, taking no notice therein, that there was any former Cause in relation thereto, nor any such Answers as are now insisted on, tho' the said Respondents, especially the said Respondent Mary the Mother, were acquainted with the said former Bill and presented Answers. That by the second Bill it was alledg'd, That the Appellant Sir Joseph, had Stated with the Respondents an Account of lnterest for the said Legacies, by a Note under his Hand, tho no Account was ever stated between them.
The Fact was, Sir Joseph, and some of the Respondents discoursing of the Payments he made them, and differing in their Computation, he desired the Respondent Mary to tell him the Sums she allow'd to be paid, and taking a little piece of loose Paper, he set down the Sums she dictated, and the Appellant Sir Joseph insisting he had paid more, upon this Difference they parted, and the Paper was left as insignificant, being neither dated nor signed nor ever intended for any settled Account.
The Appellants Exhibited their Cross Bill, for an Account of the Monies paid towards the said Legacies, and to be reliev'd against the Refpondents Demands and to have an Allowance for the Ground-Rent for the said houses, which the Apellant Sir Joseph had paid in his own wrong, the Respondents by the said Demise being (as was apprehended ) intitled but to the Clear Rents on what was over and above the Ground Rent, and that Sir Joseph was not obliged by the said Testator's Will, to pay the Ground Rent for them out of his own Estate. The Respondents put in their Answer much to the effect of their Bill, but no Proof was made in either of the said causes, that any of the Monies devised by the said Will had been put out at Interest by the Executors, nor any of his Personal Estate, save 300L lent the said Edward Alston the Father, great part whereof was lost; and as to the said Mortgage for 2000L the Money was lent out by the said Testator, and had it been intended, its presumed it would have been to express in the Testator's Will.
These Causes came on to be heard before his Honour the Master of the Rolls, March 4. 1704.
The Appellant, Dame Elizabeth, having at the hearing complain'd of the Surprize, the Court, by reason of the length of time, did not think fit to do any thing there-in; but, its humbly hoped, that the length of time shall not be Conclusive in this Case, The said Decree was made absolute against the Appellants: Sir Joseph and the Master proceeded to take an Account ; and afterwards reported 1078L 18s 10d. due to the Respondents.-, which Report has been since Confirmed, and the Decree lnroll'd.
Notwithstanding which, the Appellants humbly hope, That the said Decree shall be reversed, for the Reasons following:
It is humble conceived, that no Ground rent is to be paid or allow'd for Snow and Story Houses, for that these houses were not devised to the Appellant Sir Joseph's Father; and when the Testator saith, the third part of the clear yearly Profits, which must be Intended after Ground Rents cleared, Otherwise they cannot be said Clear Profits, they can't properly be called Clear till the Yearly Payment, wherewith they stand Chargeable are deduced and according to this construction; (which seems very natural) as to the Ground Rents of these two Houses, the said respondent Mary and her Husband Edward, receiving the whole Profit, and throwing the Ground Rents upon the Appellant Sir Joseph to Pay, She ought to account for and Pay the said Ground Rents to him.
There is a clause in the Testators Will, that all his Houses in or near George Yard and Lombard Street, that I have been given, and hereafter do give the same, shall be, Freed and discharg'd of all Ground Rents, Payable for the same by my Son Joseph.
It is Conceived that this Clause Extends not to Snow and Story Houses, for these two houses are not given to any Person by the Testators Will, the Executors are appointed only as Trustees for the Payment of the third part of the Clear Yearly profits, and certainly the Ground-rent thereof is to be by them deducted , and then what remains is Clear Profits.
Wherefore, whereas the Decree is that the Appellants shall Pay the Arrears of the said Ground Rents, and the growing Payments thereof has no Foundation in the Testators Will, but is Groundless, and ought to be Reversed.
Especially if the Case be, taken upon the Marriage-Settlement which was, Anno 1666. the said Sir Joseph Appellant, Sir Joseph's Grandfather, upon the Marriage of his Son Joseph (the Appellant Sir Joseph's Father) with the other Appellant Elizabeth in Consideration of 3000L. Portion and other Valuable Consideration, did Convey, assign and set over unto Maurice Thompson Esq and Sir Edward Alston; Trustees therein named in Trust for his Son Joseph aforesaid, and the Appellant Elizabeth, all his Leasehold Messuages in or near George Yard, and Lombard Street, wherein he then dwelt, with all the Warehouses there unto belonging, in Trust for them and the issue of their Bodies, whereby after the Decease of Old Sir Joseph, and his Son Sir Joseph the Appellant, Sir Joseph Alston, ought to Receive the Profits thereof, but the said settlement was concealed from the Appellants, till some small time before the first Decree.
That the said Messuages and Warehouses stood all over George Yard and Lombard St, and were Burnt down in the Fire of London, and Old Sir Joseph renew'd the Lease according to the Act of Parliament for Rebuilding London, and Built several New Houses thereupon, Subject to the said Trusts, but Snow and Story's Houses were Built on a Toft near Adjoining, by a different Lease, and under a distinct Title, the Appellant Sir Joseph not being Conisant of the Limitations of such Settlement paid all the Ground Rent, and suffered the Houses devised to be enjoyed by the Devisees for 14 or 15 Years, Amounting to 300L or there abouts but then upon such Discovery stopt Payment.
The Appellants in their Cross Bill, set forth the Settlement and Trust and suggest, that upon Discovery of such Settlement they order the Rents to be stopped in the Tenants Hands, and Pray a discovery what Rents the then Defendants (now Respondents) have received, and the Yearly Value of all the Houses.
To this they Answer:
Now the Charge of the Cross Bill as to the Settlement was never taken notice of in the Order to the said Master, nor in his Report, nor in the Decree but the said Cross Bill was dismiss'd.
It is humbly Conceived there ought to have been a Tryal at Law directed to have proved the said Settlement, and then to resort back to the Court to have Accounts and Allowances stated upon the whole, by which it would appear that Sir Joseph the Grandfather had no Power to make any Devises of the houses in George Yard or of the Rents thereof, or to shift the Ground Rents from one house to another, or to oblige his Son Joseph to Pay the whole Ground Rents, and free the said Houses from Payment thereof, but the said Houses by vertue of the said Settlement ought to Stand Charged with the Ground Rent refer'd upon the Original Lease, and no other; or at least there in that part of the Decree, as to the Ground Rents, there ought to have been a saving of the Rights and Interest of the Appellants Precedent to the said Testators last Will. But by this Decree the Appellant will be bound up and foreclosed from Calling the Respondonts to Account or ever to recover their Right to the said Promises, which is very hard (the Second Marriage Settlement being made upon very weighty and Valuable Considerations.)
For which reason the said Decree ought to be wholly reversed.
Sam Carter.

Footnotes on the left of this MSS are illegible on the researchers copy.

5. Alston v Alston: Alston v Alston Decision on litigation over the Will of Sir Joseph Alston 1st Bt, Cir 1707, London.
Decision
Alston et Ux. versus Alston et al.
After hearing Counsel, upon the Petition and Appeal of Sir Joseph Alston Baronet and Dame Elizabeth Alston, from a Decree made in the Court of Chancery, by the Master of the Rolls, in Cross Causes, the One and Twentieth Day of July One Thousand Seven Hundred and Four, and several subsequent Orders and Reports, on the Behalf of Anne Alston, Clare Alston, Margaretta Alston, Martha Alston, Rebecca Maria Alston, and Mary Alston Widow; and praying, "That the said Decree and Proceedings, in the said Court of Chancery, may be reversed, in the Particulars mentioned in the Appeal:" As also upon the Answers of the said Mary Alston Widow, Anne Alston, Clare Alston, Margaretta Alston, Martha Alston, and Rebecca Maria Alston, put in thereunto; and due Consideration of what was offered thereupon:
From: 'House of Lords Journal Volume 18: 20 February 1708', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 475-476.
Ref: http://www.british-history.ac.uk/report.aspx?compid=29632 Date accessed: 12 July 2011.
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritualand Temporal in Parliament assembled, That the said Petition and Appeal of Sir Joseph Alston and Dame Elizabeth Alston shall be, and is hereby, dismissed this House; and that the Decree, Orders, and Proceedings,therein complained of, shall be, and they are hereby,affirmed: And it is further Ordered, That the said Sir Joseph Alston and Dame Elizabeth Alston shall pay,or cause to be paid, unto the said Mary Alston, AnneAlston, Clare Alston, Margaretta Alston, Martha Alston,and Rebecca Maria Alston, the Sum of Forty Pounds, for their Costs.

6. Sir Joseph Alston 2nd Bt.: Ledger Stone: St Lawrence Bradwell.

The Ledger Stone is obstructed 2021

HEARE LYETH BVRIED Y^E BODY OF S^R
JOSEPH ALSTON OF BRADWELL ABBY
IN Y^E COVNTY OF BVCKS BAR^T SONN OF
SR JOSEPH ALSTON OF CHELSEY IN Y^E
COVNTY OF MIDDELSEX BAR^T WHOO
MARIED ELIZABETH THE DAVGHTER OF
MAVRICE THOMSON LATE OF HAVERSHAM
IN Y^E COVNTY OF BVCKS ESQ BY WHOM HE
HAD FOWER SONS AND TWO DAVGHTER
JOSEPH EDWARD MAVRICE ISAAC MARY
ELIZABETH Y^E TWO DAVGHTERS DIED
YOVNG MAURICE AT FIFTEEN YEARS
OVLDY^E OTHERS SVRVIVED HIM
HE DEPARTED THIS LIFE Y^E 14TH OF MARCH
ANNO DOMINI 1688

Courtesy of Pauline Wright - Church Recording Society.

7. Alston v Alston: Respondents Case. Incomplete
That the said Edward Alston being second son of the said Sir Joseph Alston deceased, (the appellant, Sir Joseph's grandfather) and in no circumstances to make any portion for his wife and eight children and the said Sir Joseph the grandfather having a great Seal and personal estate of his own acquisition, and particularly being........ by several leases for years, in 10 houses, in or near George Yard, Lombard Street, and built by him after the great fire in London, under under ground rents amounting in the whole to 240 L (?) Per annum. The said Sir Joseph the grandfather made his will, and nearby devices to Joseph his said son Edward's son, 100 L and all other the then born children of his said son Edward 120 L a piece to be paid at the times in the will mentioned and interest for the same his executors in the meantime per the same one at interest, but if any of the said children should happen to die before the time of payment, then there legacies are to be equally divided among the survivors.
And by the said will mentioned is the yearly improved rents of the said 10 houses, amount to 780L. Per annum ....... that the rents of two houses being part of the said 10 then in Sir Jeremy snow, and Mr stories possession to be at 108L per annum is the whole, and for which, is particular 20 4L parts of the said 240 8L was payable for ground rent should be paid by his executors to his said son Edward during his life if the term there is should too long continue) and after his decease, that the said executor should pay to the respondent, Mary Alston, (if she survives her husband) one full third of the clear profit thereto., During her widow would and the surplus of the rent where of and the whole after the determination of the respondent Mary's estate therein, should be paid unto, and equally divided among all and every the younger sons and daughters of the said son Edward at should be Liveing or his wife estate with as the time of his death and so the survivor survivors of and given eight other houses in George Yard to his son Joseph, the appellant Sir Joseph's father, and the other persons in such will named, and ...... legacies of the appellant Sir Joseph.
And further ,,,,,,,,,,,,,,., that the said son Joseph should pay and satisfy all ground rents from time to time out of his own estate which are due and payable for all or any of the .... nessuages tenements and estates in or near Georges Yard and Lombard Street aforesaid which amounted to [?] L per annum to the proprietors where of, and another rent of 40L 21 [?], For a passage leading into birching Lane [?]; And that all his said houses in or near George Yard and Lombard Street or either of them, should be enjoyed by these to whom he by such will gave the lease, freed and discharged by his said son Joseph from all ground rent payable for the same. And of his said will made his said son Joseph and his son Isaac executors and his residuary legatees.
The said Sir Joseph the grandfather died, and his said executors proved the said will, and possessed his personal estate, and in a short time after both the executors died, and Sir Joseph the son, father of the appellant surviving who made his will, and the appellants executors thereof.
21 Mar 1688/9
that the said Edward Alston had at the time of the said Sir Joseph Alston the grandfather making his said will (besides his eldest son Joseph) six children born, who . . . The testator, and the responders, and Clare and Margaret and Jacob and James Alston, who who died before the age of 21 years; and Elizabeth Alston who lived till past the age of 18, and died, having made a noncupative will, and devised her legacy of 200L to the responders [?] And Rebecca Maria
Was a bill exhibited by the responders and Clare, Margaret, and the said Elizabeth, Joseph and James the children of the said Edward Alston infants by the said Edward Alston their father, and next . . . , Against the appellants, who by their answer . . . . Offers to pay the said legacies and interest, and offered to assign I mortgage (which they had, part of the assets of the said Sir Joseph the grandfather, from Sir ...... Senior, Sir Joseph for 1200L) to answer such legacies subject to the said will
29 Jun 1689 [?]

That the cause came on to be heard in the presence of Counsel on both sides and it was decreed that the appellants should pay to the said Edward Alston, interest

Joseph married Dame Elizabeth THOMPSON [3233] [MRIN: 1097], daughter of Maurice THOMPSON of Lee [6986] and Unknown, in 1662.