Daniel Constable ALSTON [3742]

  General Notes:

Daniel lived at Manningtree and there is a tablet to him on the wall in Manningtree Church. 2003 This may now be at Mistley Church.

Pigots Directory 1823/4 Manningtree ESS - Daniel Constable Alston , Brewer.
Pigots Directory 1827 & 1835 Manningtree ESS - Daniel Constable Alston , Brewer.
Post Office Directory 1845 Manningtree ESS - Daniel Constable Alston, Brewer, Corn & Coal Merchant, High St.
Whites Directory 1848 Daniel Constable Alston, Merchant, Manningtree.

Essex Record Office D/P 103/28/5
Parish records GREAT BROMLEY, St. George
Dates of Creation 1825
Scope and Content: A plan of Cold Hall Estate situate in the Parish of Great Bromley in the County of Essex. The property of Daniel Constable Alston, Esq. Survey'd in April 1825 by R. Hale, Colchester' 20in. to 1m. 30.5 x 25 213a in S.W. of parish between TM 079255, TM 078243 and TM 087248. Shows buildings, gardens, roads, hedges, ponds and woodlands. Gives names of adjacent owners (in one case altered in pencil). Reference table gives field names and acreages. Well-executed map, delicately coloured, possibly to denote land utilization. Uncoloured cartouche and compass rose

North Essex Conservative Assn.
Tuesday evening the Essex and Colchester True Blue and Conservative Club, embracing the leading nobility, clergy, and gentry of the neighbourhood, celebrated their anniversary at the Three Cups Hotel Colchester. . . . . . The list of stewards comprised . . . . . D C Alston.
Ipswich Journal 26 Nov. 1836.

Essex Record Office Q/SBb 494/94
SESSIONS BUNDLES: LATER SERIES EPIPHANY 1829
Scope and Content Note saying that the Clerk of the Peace produced to the Court a draft of contract between Mr Edward Alston and Mr Daniel Constable Alston and the Clerk of the Peace for a piece of land situated in St. James Parish Colchester for a House of Correction secured and settled by Mr Duval. The court orders that when the Tithe of the land is made out; it shall be conveyed. Upon the conveyance being made, the Treasurer of the County wil pay the sum of L300 to Edward Alston and Daniel constable
(Uncertain which D C Alston, ELF 2004)

Essex Record Office D/DXk/32
DEEDS OF WIX AND MISTLEY
SeriesD/DXk 28-40 Deeds of Westlands Farm, Wix
Dates of Creation 24 December 1829.
Scope and Content Manor of Weeks Hall or Abbey. Memorandum of Absolute Surrender for L63; of Robt.Ham of Wix, farmer, to use of Daniel Constable Alston, of the reversion exectant on the decease of Sarah Cutting (w. of Jos.c), in one moiety of: Acottage (now divided into 2 tenements), with the farm & land belonging containing 15 a., & adjoining the lands of Sir William Rowley bart.; & now in occupation of Jos.Hart, John James & Jos.Cutting. [No details]. [Steward: Robert Winter gent.]

Essex Record Office
Level: Category Estate and Family records
Level: Fonds MISCELLANEOUS ESSEX DOCUMENTS
Level: Series D/DC 18/48-57 Manor of Greenstead: copyhold property called Freemans
Reference Code D/DC/23/757
Dates of Creation 23 March 1843
Scope and Content Grant Sir Joshua Rowley, baronet of Tendring Hall (co. Suff.), and bro. Chas. Rowley, esq., to the minister, churchwardens and overseers of the poor of the parish of Wix and their successors A piece of ground (204 sq. yds.), abutting S. on the highway from Wix Cross to Great Oakley and Harwich, E. on premises belonging to Daniel Alston of Manningtree, esq., in occupation of Jas.Masterman, carpenter, W. on premises belonging to Thomas L. Stone, in occupation of Jas. May, cordwainer, and S. on a field, belonging to said Sir Joshua Rowley, called Lockfield, in occupation of Robert Hardy of Tendring Hall, gent., "for the purposes of the [?]said Act and upon trust to permit the premises and all buildings thereon erected or to be erected to be for ever hereafter appropriated to and for the education of the children of the labouring and other poorer classes in the said parish of Wix. . . . . which said school shall always be conducted upon the principles of the Incorporated National Society for Promoting the Education of the poor in the Principles of the Established Church and shall be under the general management and control of the Committee of four of the subscribers to be annually appointed by the minister of the said parish of Wix for the time being, who shall by virtue of his office be a member of the said Committee and preside over it;" and clauses as to religious instruction. [Endorsement in another hand: "The deed of which this is the draft bearing date June 18. 1844 after having been engrossed. . . . . was enrolled in Her Majestey's High Court of Chancery July 1. 1844 & is in the possession of the Rev. G. Willins the Minister of the parish of Wix."]

Abstract & Transcription of Daniels Will by J E Henderson 2012.
Abstract of Will of Daniel Constable Alston of Manningtree, Maltster, Brewer, Coal and Wine Merchant.
16^th September 1846, proved 11^th December 1846.
To Eliza Alston his wife L100 to supply her immediate occasions, and his private carriage
To his sons Edward John Alston of Great Bromley, Essex, Daniel Constable Alston of Manningtree and Robert Harrison of Friday Street, Cheapside, City of London the mansion house and garden at Manningtree, together with household goods as trustees on trust to:
-Permit the best parlour to be used and occupied for his business
-Permit his wife to occupy the house and enjoy the use of the contents during her lifetime
-After her death to permit his son Daniel Constable Alston to occupy the house and garden to enable him to devote himself to the business and entertain persons in the trade
-Thereafter on trust to sell the same subject to the options to purchase as set out below for the business
To the same trustees his property at Mistley in the occupation of son in law Charles Samuel Bawtree on trust to:
-The use of his daughter Eliza Ann Bawtree, wife of Charles Samuel Bawtree during her lifetime, subject to the use of the cellars for his wine and spirit business
-After her death to her children, or if none to Daniel Constable Alston
To Robert Harrison L50
To his clerk Thomas Day 19 guineas
To his niece Sarah Chapman L10
Reciting his previous partnership with his brother Edward Daniel Alston in the business of Brewer, maltster etc, the partnership finishing in September 1839, and the passing over of the business to him subject to a mortgage in favour of Edward Daniel Alston of L29,800, on which he was paying interest, repayment due 29^th September 1860
To his trustees all the property connected with the businesses on trust to carry on the business whilst his wife lived or the mortgage remained unpaid and to pay from the profits:
-The interest on the mortgage
-An annuity to his wife of L300
-To Edward John Alston L200 annually (or his children)
-To Daniel Constable Alston L300 annually (or his children)
(both these last as compensation for their time and trouble running the business)
-To his daughter Eliza Ann Bawtree L300 (or her children), unless her husband dies or becomes incapable of working in the business when it is reduced to L100
-Charles Samuel Bawtree to be employed in the business whilst it is still in operation.
Any remaining profits to be invested and the interest and capital to be accumulated towards repayment of the mortgage
After the death of his wife and the repayment of the mortgage, then the businesses to be sold, subject to an option for Daniel Constable Alston to purchase the same at fair valuation (as with the house), but if he did not want it then the option for Charles Samuel Bawtree to purchase it. These options do not extend to the farm at Great Bromley in the occupation of Edward John Alston when there is an option for Edward John Alston to purchase it. In the meantime his rent not to exceed the current level.
One horse and gig to be kept for the use of Daniel Constable Alston in the business, and one horse and gig for the joint use of Edward John Alston and the Clerk of the business.
The residue of his estate and the proceeds of sale of the business and house to his trustees on trust to sell the same and invest the proceeds, paying the interest as follows:
-One third to Edward John Alston during his life, and after his death to his wife Mary, then after her death to their children at age 21
-One third to Daniel Constable Alston, his wife and children as for Edward John Alston
-One third to Eliza Ann Bawtree for her life, then after to her children
Executors his wife and sons Edward John Alston and Daniel Constable Alston
Witnessed by James Faiers, Manningtree, Cooper C J Owen, Manningtree, Solicitor

The Will in Full:
This is the last Will and Testament of me Daniel Constable Alston of Manningtree in the County of
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Essex Maltster Brewer Coal and Wine and spirit Merchant I give unto my dear Wife Eliza Alston the sum of one hundred pounds to supply her immediate occasions and which I direct shall be paid to her within one month after my decease And I give and bequeath to my said Wife my private carriage for her own use absolutely And I give and bequeath unto my Sons Edward John Alston of Great Bromley in the County of Essex and Daniel Constable Alston of Manningtree aforesaid and Robert Harrison of Friday Street Cheapside in the City of London All that mansion house at Manningtree aforesaid in which I now dwell with the garden adjoining the Malting together with all and singular the household goods and furniture plate linen china glass printed books pictures prints and all other the household effects which shall be in and about my said dwellinghouse at the time of my decease To hold the same unto the said Edward John Alston Daniel Constable Alston and Robert Harrison their heirs executors administrators and assigns upon the trusts hereinafter declared concerning the same that is to say upon Trust to permit and suffer the best parlour of the said mansion house to be used and occupied for the purposes of my said business so long as the same shall be carried on as herein- after treated And upon Trust to permit and suffer my said wife to reside in and occupy the remainder of the said mansion house and premises together with the store closets in the said best parlour and to hold and enjoy the furniture plate linen china and other effects therein during the term of her natural life she paying all rates taxes and charges payable in respect of the same and keeping the said premises in good and tenantable repair and insured against loss or damage by fire during the period of such residence And from and after the decease of my said wife Then upon trust so long as my trade and business hereinafter directed to be carried on shall be contin- ued to permit and suffer my son Daniel Constable Alston to have hold use occupy and enjoy my said mansion with the said garden in order to enable him to devote his entire attention to my said busi- ness and to entertain such persons as are usually entertained by the trade And from and after the decease of my said Wife do and shall stand and be seized and possessed of my said mansion house and the furniture and effects in and about the same subject to the trust hereinbefore declared in favour of my said Son upon the trusts follow- ing that is to say In Trust that they or he my said trustees or trus- tee do and shall consent to the right of preemption hereinafter given to the said Daniel Constable Alston and my Son in Law Charles Samuel Bawtree make sale and absolutely dispose of my said mansion house garden and appurtenances and the furniture and effects in and about the same either together or in parts and by public auction or private contract for such price or prices and subject to such conditions of sale and in such manner as my said trustees or trustee shall think fit with power to enjoy and resell the same and do and shall stand and be possessed of the monies which shall arise from such sale or sales after payment thereout of the costs and expenses of and attendant such sale upon the trusts hereinafter declared of and concerning the monies which shall constitute and be the produce of my residuary personal estate I give and devise all that my freehold messuage or tenement with the appurtenances situate at Mistley and now in the occupation of my said Son in Law Charles Samuel Bawtree but the cellars of which are now used for the purpose of my said wine and spirit Business unto the said Edward John Alston Daniel Constable Alston and Robert Harrison
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their heirs and assigns To the use of my Daughter Eliza Ann Bawtree the wife of the said Charles Samuel Bawtree for and during the time of her natural life subject to the cellars being appropriated for the purposes of the said Wine and Spirit Business so long as the same shall be carried on under the trusts of this my Will for her sole and separate use and not subject to the debts control or interference of her present or any future husband And from and after her decease To the use of the child if only one and if more than one all the chil- dren of my Daughter the said Eliza Ann Bawtree by the said Charles Samuel Bawtree and any after taken husband or husbands to be equally shared between the children if more than one share and share alike as tenants in common and not as joint tenants and his her or their heirs and assigns or several and respective heirs and assigns for ever as tenants in fee And in case any one or more of the said children shall be under the age of twenty one years without leaving any issue living at the time of his her or their death or respective deaths Then as to for and concerning the origin- nal share or share of and in the said messuage hereditaments and premises which shall belong to the child or children respectively so dying as aforesaid and also the share and several shares of and in the said hereditaments and premises which the same child or chil- dren respectively shall take under this provision by way of cross limitation To the use of the other or others of the same children to be equally divided between them if more than one share and share alike as tenants in common and not as joint tenants and his her or their heirs and assigns or several and respective heirs and assigns for ever as tenants in fee And in case there shall be no child of my said Daughter by the said Charles Samuel Bawtree or any after taken husband or husbands or in case the child if only one or if more than one all the children of my said Daughter shall depart this life under the age of twenty one years and neither of them shall have any issue living at his or her death Then to the use of the said Daniel Constable Alston his heirs and assigns for ever I give and bequeath unto the said Robert Harrison the sum of fifty pounds I give and bequeath unto my Clerk Thomas Day the sum of nineteen guineas I give and bequeath unto my Niece Sarah Chapman the sum of ten pounds And I direct the two last mentioned legacies to be paid at the expiration of one year after my decease And whereas in and previously to the month of September one thou- sand eight hundred and thirty nine I carried on in partnership with my Brother Edward Daniel Alston the Business of a Brewer Maltster Coal Merchant and Spirit Merchant at Manningtree aforesaid And upon the determination of the said partnership business certain articles of agreement were made and entered into between me and my said Brother bearing date the twenty seventh day of March one thousand eight hundred and forty one whereby in consideration of a large sum of money part of which amounting to the sum of twenty nine thousand eight hundred pounds was to be secured by me by mortgage of freehold and copyhold hereditaments to the satisfaction of my said Brother my said Brother sold and converted and assured to me divers freehold and copyhold messuages or tenements Inns Grav- house hereditaments and premises and parts and shares of messu- ages tenements Inns hereditaments and premises mentioned and particularized in the first Schedule to the said Articles of Agreement annexed And also all the part share and interest of him the said Edward Daniel Alston of and in all and singular the messuages tenements Inns hereditaments and premises mentioned and
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particularized in the second Schedule to the said Articles of Agreement and which were purchased either before or during the continuance of the said partnership And also of and in all the plant of the Brewery stock in trade wares merchandize goods utensils implements horses carriages ready money book and other debts and sums of money owing to the said partnership bonds bills and other property chattles and effects whatsoever and wheresoever and belonging to the said partnership together with the goodwill of the said businesses and and I have ever since continued the said businesses on my own account And whereas the sum of twenty nine thousand eight hundred pounds was duly secured by me to my said Brother with interest after the rate of four pounds ten shillings per cent per annum by an Indenture bearing date on or about the day of whereby the said sum is made payable to my said Brother on the twenty ninth day of September one thou- sand eight hundred and sixty and I am thereby empowered to pay off the said mortgage debt either in one payment or several pay- ments or instalments of not less than five thousand pounds at one time or in payment upon giving such notice as is therein men- tioned And whereas the said sum of twenty nine thousand eight hundred pounds is still due and owing to the estate of my said late Brother Now I do hereby give devise and bequeath all my said Brewery Malting Coal and Wine and spirit Businesses now carried on by me and all other businesses connected therewith and all and singular the stock and materials now or to be hereafter employed therein and all money and debts which at the time of my decease shall belong or be due and owing to me for or on account of the said businesses And also all freehold copyhold or customary and lease- hold farms inns public houses messuages lands and hereditaments and parts or shares of messuages Inns hereditaments and premises now or to be hereafter employed in or connected with the carrying on of the said businesses and some of which properties I have had con- veyed and surrendered to the said Edward John Alston and others of them to the said Daniel Constable Alston as Trustees respectively for me and all other my messuages lands tenements hereditaments and premises not hereinbefore by me devised or disposed of whether used in or for the purposes of my said business or not unto and to the use of my said Sons Edward John Alston and Daniel Constable Alston and the said Robert Harrison their heirs executors administrators and assigns according to the nature and quality thereof respectively upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter expressed and declared of and concerning the same that is to say upon Trust that they the said Edward John Alston Daniel Constable Alston and Robert Harrison and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall so long as the said mortgage debt or sum of twenty nine thousand eight hundred pounds or any part thereof shall remain unpaid or my said wife shall live carry on manage and conduct the said busi- nesses And for that purpose I declare that they and he shall have the fullest power over the said business which I can give them to carry on manage and conduct the same in the same manner to all intents and purposes as I myself could do if I were living and acting therein And I do hereby further declare that during such time as the said businesses shall be carried on in pursuance of this my Will the said Edward John Alston Daniel Constable Alston and Robert Harrison their heirs executors administrators and assigns shall stand seized and possessed of the said businesses hereditaments and
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premises and the profits to arise from the same and of and in stock houses and land which in pursuance of this my will shall be pur- chased for the purpose of carrying on the said businesses subject to the payment thereout of the said mortgage debt of twenty nine thousand eight hundred pounds when and as the same shall become due and payable upon the trusts following that is to say Upon Trust that they my said trustees or trustee do and shall thereout pay the interest which shall from time to time become due in respect of the said mort- gage debt of twenty nine thousand eight hundred pounds or so much thereof as shall from time to time remain unpaid and in respect of any other debt affecting my said businesses which shall carry inte- rest and do and shall in the next place pay to my said Wife an annuity or yearly sum of three hundred pounds for her own abso- lute use and benefit And in the next place do and shall retain to and for him the said Edward John Alston the yearly sum of two hundred pounds and to and for him the said Daniel Constable Alston the yearly sum of three hundred pounds as a compensation for their trouble and time in attending to and managing the said businesses And in the next place do and shall pay unto my Daughter the said Eliza Ann Bawtree the yearly sum of three hundred pounds for her sole and separate use and benefit And do and shall pay the said annual sums by equal half yearly payments the first half yearly payment of each of the said annual sums to be made at the expi- ration of six calendar months next after my decease And as to the residue of the gains and profits which shall arise from and be pro- duced by the carrying on of my said businesses and the rents issues and profits of the said freehold copyhold and leasehold hereditaments and premises which shall belong thereto after payment thereout of the debts which I shall owe at my decease on account of the said businesses and which shall be contracted by my said trustees or trus- tee in carrying on the same and the losses debts charges damages and expenses which shall arise from carrying on the same or which shall be incident thereto upon Trust that they my said trustees or trustee do and shall lay out and invest the same in their or his names or name in or upon some or one of the Parliamentary Stocks or public funds of Great Britain or upon Government or real securities in England or Wales and do and shall reserve the inte- rest dividends and annual produce of the stocks funds and securities of which the surplus gains rents and profits so to be laid out and invested as aforesaid shall for the time being consist and lay out and invest the same and all the resulting income and produce thereof in their or his names or name in or upon any of the said stocks funds or securities to the intent that the same and all such resultant income and produce may accumulate in the way of compound interest and do and shall from time to time alter and vary the said trust funds and the accumulations thereof for or into other stocks funds or securities of a like nature at their or his discretion And I declare that it shall be lawful for my said trustees or trustee for the time being to apply all or any part of the said accumulations in and towards payment of the said mortgage debt or sum of twenty nine thousand eight hundred pounds and interest or any part thereof at such times and such manner as they or he shall think proper And I do hereby declare and direct that when and so soon as the said mortgage debt or sum of twenty nine thousand eight hundred pounds shall have been paid and discharged and my said Wife shall depart this life my said trustees or trustee do and shall make sale and abso- lutely dispose of my said Brewery Malting Coal and Wine and Spirit
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Businesses and the goodwill stock in trade and effects belonging thereto respectively and of all and singular my freehold copyhold and leasehold hereditaments and premises hereinbefore by me devised for the purposes of the said businesses and the rents whereof are hereinbefore directed to accumulate as aforesaid including as well those devised by this my Will as those which shall be purchased under the power hereinafter in that behalf contained either together or in parcels and either by public auc- tion or private contract and for such price or prices in money and sub- ject to such conditions of sale and other stipulations with respect to the title or otherwise as they or he shall think proper with full power to reserve a bidding or biddings upon any such sale by auction and also to rescind or abandon or consent to the alteration of the terms of any contract or contracts which may be entered into for the sale of the said trust estate and premises or any part or parts thereof and to resell in any of the aforesaid ways the hereditaments property and effects so bought in or the contract or contracts for which shall be so rescinded and to deal with respect to such sales and contracts and the deposits and damages thereon as they or he shall think proper without being answerable or accountable for any expense loss or diminution of price which may be sustained or occasioned by such postponed sale or sales and to enter into make and execute all such acts deeds con- tracts conveyances assignments and assurances as shall or may be necessary for conveying and assuring the said trust estates heredita- ments and premises or such part or parts thereof as shall be sold to the purchaser or purchasers thereof his her or their heirs executors administrators and assigns or as he she or they shall direct or appoint And I do herein declare that all and every the acts deeds contracts con- veyances and assurances which shall be made entered into and exe- cuted by my said trustees or trustee in carrying any such sale or sales as aforesaid into effect shall be good valid and effectual at Law and in Equity to all intents and purposes whatsoever without the concur- rence therein of any person or persons entitled to the produce of such a sale under the trusts of this my Will And upon further Trust that my said trustees or trustee do and shall call in and collect all the credits and sums of money which at the time of the cessation of my said businesses shall be due and owing on account thereof And I do here- by direct that my said trustees or trustee shall stand and be possessed of the monies which shall arise from the sale or sales to be made of my said businesses and the said freehold copyhold and leasehold here- ditaments and premises after payment thereout of the costs charges and expenses of an attending the carrying such sale or sales into effect and of the monies which shall be collected and received in respect of the credits and sums of money due and owing to my estate on account of my said businesses after payment thereout of the ex- penses of and attending the collection and receipt thereof and also subject to the payment out of the produce of the said sales of the said mortgage debt of twenty nine thousand eight hundred pounds or so much thereof as shall then remain unpaid and all other debts and sums due on account of my said businesses upon and for the trusts interests and purposes hereinafter expressed and declared con- cerning the same And as for and concerning all the Rest Residue and Remainder of my goods chattels and Personal Estate and Effects whatsoever and wheresoever not hereinbefore by me disposed of I give and bequeath the same to the said Edward John Alston Daniel Constable Alston and Robert Harrison their executors administrators and assigns upon the trusts following that is to say upon Trust that they and he do and shall as soon as conveniently can be after my
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decease make sale and absolutely dispose of all such parts of my said residuary estate as shall be in their nature saleable upon such terms and in such manner as to them or him shall seem reasonable and do and shall collect get in and receive such part and parts thereof as shall consist of monies and securities for money and do and shall stand and be possessed of the monyes which shall arise from and constitute and be the produce of my said residuary personal estate upon the trusts in- tents and purposes hereinafter expressed and declared concerning the same And I do hereby declare that my said trustees or trustee shall stand and be possessed of the monies which shall arise from the sale of my said businesses and in the goodwill thereof and of my said freehold copyhold and leasehold premises and of the monies which shall be collected and reserved in respect thereof and of the monies to arise from the sale of my said freehold mansion house and premises at Manningtree aforesaid and the furniture plate linen china and other household effects in and about the same and of the accumula- tions which shall be made of the gains and profits to arise from my said businesses and of the monies which shall constitute and be the produce of my residuary personal estate and the stocks funds and secu- rities in or upon which the same shall be invested upon the trusts following that is to say on Trust that they or he do and shall lay out and invest the same in their or his names or name in or upon some of one of the Parliamentary Stocks or Funds of Great Britain or in or upon Government or coal securities in England or Wales at interest And do and shall from time to time alter vary and trans- pose the same for or into any other stocks funds or securities as shall be thought advisable And as to and concerning one equal third part of the said trust monies stocks and securities do and shall pay the inte- rest dividends and income thereof unto my said son Edward John Alston or empower him to receive the same for the rest of his natu- ral life And from and immediately after his decease do and shall pay the same interest dividends and annual produce unto Mary the Wife of my said son Edward John Alston for and during the term of her natural life And from and after the decease of the survivor of my said Son and his said Wife do and shall stand and be possessed of the said one equal third part and the stocks funds and securities in or upon which the same shall be invested and the interest divi- dends and income thereof in Trust for such child or children of my said Son as being a Son or Sons shall attain the age of twenty one years or being a Daughter or Daughters shall attain that age or marry with the consent of her Guardian or Guardians for the time being equally to be divided between them if more than one And I declare and direct that if at the decease of my said Son and his Wife any of the children of my said Son being a Son or Sons shall not have attained the age of twenty one years or being a Daughter or Daugh- ters shall not have attained that age or been married with such consent as aforesaid it shall be lawful for my said trustees or trustee to apply all or any part of the income of the presumptive or contingent share or respective presumptive or contingent shares of such child or children for his her or their maintenance and education or otherwise for his her or their benefit during such the period of his her or their minority or respective minorities or discoverture or respective discover- as the case may be as to such trustees or trustee may seem proper And if the whole of such income shall not be so applied then I direct that the unapplied income shall be improved at interest and go in augmentation of the share or respective shares from which the same shall have arisen but so nevertheless that my said
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trustees or trustee shall not be precluded from applying such invest- ed unapplied income and the proceeds thereof for the benefit of such child or children at any subsequent period of his her or their minori- ty or discoverture or respective minorities or discovertures And I further direct and declare that it shall be lawful for my said trustees and trustee for the time being with the consent of my said Son and his Wife in writing or the survivor of them and after the decease of such survivor at their or his own discretion to apply any part not exceeding one half of the principal of the presump- tive or contingent share or respective presumptive or contingent shares of any one or more of the children of my said Son before the said period of vesting in or towards his her or their advancement or preferment in the world or otherwise for his her or their benefit as my said trustees or trustee may think may think proper And as to one other equal third part of all and singular the said trust in monies stocks funds monies and securities do and shall stand and be possessed thereof upon such and the like trusts interests and purpo- ses powers provisos and declarations in favour or for the benefit of my Son the said Daniel Constable Alston and his Wife and Children as are hereinbefore expressed and declared in favour or for the benefit of my Son Edward John Alston and his Wife and Children And as to and concerning the remaining one third part of all and singular the said trust monies stocks funds monies and securities do and shall pay the interest dividends and income thereof unto my said Daughter Eliza Ann Bawtree for the term of her natural life for her sole and separate use And from and after her decease do and shall stand and be possessed of the said third part upon such and the like trusts intents and purposes powers provisos and declarations in favour of or for the benefit of the children of my said Daughter the said Eliza Ann Bawtree as are hereinbefore expressed and declared in favour or for the benefit of the children of my said Son Edward John Alston provi- ded always and I do hereby declare that when and so soon as my said businesses shall become saleable my said trustees or trustee shall in the first place offer to sell my said businesses and the stock in trade and goodwill thereof my said mansion house freehold copyhold and lease- hold hereditaments and premises except the said farm at Great Bromley in the occupation of my said son Edward John Alston unto my son the said Daniel Constable Alston at a fair valuation to be fixed by two competent persons one to be named by my said Son and ^x their disagreement by an umpire the other by my said trustees or trustee And in case of^x the refusal to be chosen by them And in of my said Son to purchase my said businesses when so offered to him case of for sale then shall offer the same to my Son in Law the said Charles Samuel Bawtree in like manner And if he shall refuse to purchase the same then my said trustees or trustee shall proceed to sell the same in manner hereinbefore by me directed And I declare and direct that no purchaser of my said businesses from the trustees or trustee of this my Will shall be bound to ascertain that my said businesses shall have been offered to my said Son and Son in Law and that they have refused to purchase the same or to make any enquiries with respect thereto provided always and I do hereby declare that when and so soon as my said businesses shall become saleable my said trustees or trustee shall in the first place offer to sell my said farm at Great Bromley aforesaid in the occupation of the said Edward John Alston with the appurtenances thereto belonging unto my said Son the said Edward John Alston at a fair valuation to be fixed in the same manner as is hereinbefore directed with respect to the value of my said businesses And if he shall refuse to purchase
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the same then my said trustees or trustee shall proceed to sell the same in manner hereinbefore directed And I declare and direct that no purchaser of any said farm from the trustees or trustee of this my Will shall be bound to ascertain that my said farm shall have been offered to my said Son and that he has refused to purchase the same or to make any enquiries with respect thereto provided always and I do hereby declare and direct that if the said Edward John Alston and Daniel Constable Alston or either of them shall decline or become incapable to attend to and manage the said busi- nesses the trustees or trustee of this my Will shall pay unto him or them during his or their life or lives the yearly sum of one hundred pounds apiece only for his or their own respective benefit And I do hereby declare and direct that in the event of either of them the said Edward John Alston and Daniel Constable Alston dying before the period for the sale of my said businesses arrives whensoever such death shall happen after my decease then the said yearly sums of one hundred pounds respectively given to the said Edward John Alston and Daniel Constable Alston in the event of their declining or becoming incapable to attend to the said businesses as aforesaid shall be paid and applied by my said trustees or trustee as annual income to and for the benefit of the respective wifes and children of the said Edward John Alston and Daniel Constable Alston in the same manner as is hereinbefore directed with respect to the dividends and income of the shares of my residuary estate And I do hereby direct my said trustees or trustee to employ the said Charles Samuel Bawtree in my said busi- nesses so long as the same shall be carried on under the trusts of this my Will or he shall think fit And in case he shall die or decline or become incapable to be employed in my said businesses then I direct my said trustees or trustee to pay to my said Daughter the yearly sum of one hundred pounds instead of three hundred pounds as here- inbefore directed for the term of her natural life And in case my said Daughter shall die in the lifetime of her said husband and before the period for the sale of my said businesses arrives then I direct my trustees or trustee to pay and apply the said yearly sum of three hundred pounds or one hundred pounds as the case may be to or in favour of the children of my said Daughter in the same manner as is hereinbefore directed with respect to their share of my residuary estate And I declare that the said yearly sum of three hundred pounds and one hundred pounds and income of one third part of residuary estate hereinbefore given to my said Daughter shall be respectively for her sole and separate use and not subject to the debts control or interference of her present or any future husband And the receipt or receipts of my said Daughter whether covert or sole shall be an effect- tual discharge or effectual discharges for the money therein men- tioned and acknowledged to be received And I authorize and empower my said trustees or trustee for the time being to hire and employ such persons with such salaries as they or he shall think proper and to enter into such contracts and agreements and to make such engagements respecting my said businesses and the concerns thereof as they or he shall think reasonable and to increase or abridge the said businesses or concerns and my capital therein and to adjust and settle all amounts and transactions in which I shall be interested and to refer any dispute concerning the same to arbitration and to compromise and compound any debts owing to me and to pay and satisfy any claims and demands made upon or against my estate which my said trustees or trustee shall deem to be fair and just though the same may not be supported in legal evidence and to
[page 10]
make any sale or sales upon credit and generally to transact all matters or concerns respecting my said businesses and to arrange to be done all acts and deeds relative thereto as if such trustees or trustee were absolutely entitled to or interested in the practises it being my intention to give my trustees or trustee for the time being full discretionary powers and authorities to carry on my said businesses and concerns during the aforesaid period in such manner as to they or him shall seem most advantageous and most for the benefit of the persons interested under the trusts of this my Will And I here- by declare that all losses charges and expenses attending or to be in- curred in the carrying on of my said businesses and the concerns thereof respectively shall be borne paid and defrayed in the first instance out of the gains and profits thereof and if they shall be insufficient then out of the capital thereof And my will is that the trustees and trustee for the time being of this my Will shall from time to time after my decease take annual accounts of the stock and capital employed in my said businesses and shall make out annual accounts of the gains profits losses and expenses of the same businesses and of all transactions relating thereto which accounts shall be audited and settled by my said Wife and my said trustees and after her death by my children or the survivors of them and my said trustees and signed by them And after every such account shall be so audited settled and signed the same shall be considered as finally closed and it shall not be lawful for any person interested under the trusts of this my Will to open dispute or investigate or object to the same but they shall respectively be finally bound and concluded thereby And I direct that one horse and gig shall be kept for the use of the said Daniel Constable Alston in the said businesses and one horse and gig for the joint use of the said Edward John Alston and the Clerk of the said businesses And I do hereby further declare that if either of my said Sons shall raise any difficulty or objection respec- ting the hereditaments so surrendered to them respectively as trus- tees for me as hereinbefore mentioned then and in such case any Son raising such difficulty or objection shall take the property which shall be so vested in him for his own absolute use and benefit and every other bequest or benefit taken by such Son under this my Will shall thenceforth immediately cease and determine as if he had died in my lifetime without issue Provided always and I do here- by declare that it shall be lawful for my said trustees and the survivors and survivor of them and the executors administrators and assigns of such survivor to renew the present or future leases of any of the said leasehold premises now or to be after employed in or connected with the carrying on of my said businesses And I do hereby further declare that my said trustees or trustee shall stand seized or possessed of the premises to be comprised in such renewed cases upon and for the same trusts intents and purposes and with under and subject to the same powers provisos and declar- ations as are in this my Will expressed and declared of and concerning the original leases thereof or as near thereto as the deaths of parties and other circumstances will admit of Provided always and I do hereby further declare that it shall be lawful for my said trustees and the survivors and survivor of them and the heirs executors administrators and assigns of such survivor during such times as my said businesses shall be carried on by them or him in pur- suance of the trust declared by this my Will by any Deed or Deeds Instrument or Instruments in writing to be by them or him sealed and delivered in the presence of and attested by one or more witness
[page 11]
or witnesses to charge my said freehold copyhold or customary and leasehold messuages hereditaments and premises now or to be here- after employed in or connected with the carrying on of my said businesses or any part thereof with the payment to them or him of any sum or sums of money they or he may think proper not exceeding in the whole the sum of twenty nine thousand eight hundred pounds and to raise such sum or sums by a mortgage or mortgages of the premises which shall be so charged to any per- son or persons and for such estate or estates and in such manner as they or he my said trustees or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor may think proper And I declare that my said trustees their exec- utors administrators and assigns shall stand possessed of the said sum or sums of money so to be charged as last aforesaid upon Trust that they my said trustees and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall apply the same sums in paying off the said mortgage debt of twenty nine thousand eight hundred pounds due to my said Brother as aforesaid or so much thereof as shall be then due and unpaid or any part thereof or in carrying on my said busines- ses according to the trusts hereinbefore declared of and concerning the same or any other purpose connected with my said businesses provi- ded also and I do hereby further declare that it shall be lawful to my said trustees or trustee at any time to determine my said businesses and dis- continue the same altogether as to them or him shall seem most prudent and most advantageous to the persons beneficially interes- ted therein And in case of their discontinuing to carry on the same it shall be lawful for them or him my said trustees or trustee to sell and dispose of the said businesses and the goodwill thereof and the estates and property belonging thereto in the same manner in all respects as I have hereinbefore directed in case of the death of my said Wife and the payment of the aforesaid mortgage debt And I do hereby direct that my said Son Edward John Alston shall not be called upon to pay any greater rent for the lands and here- ditaments occupied by him under me than he shall pay for the same at the time of my decease And I do hereby further declare that if any sum or sums of money shall be due and owing to me from my said Sons or my said Son in Law Charles Samuel Bawtree and an entry or entries of the last mentioned monies shall be found in my private books of account under the title of their names respective- ly by the sum or sums so advanced to my said Sons shall be deemed part or parts of the share or shares given to him or them respective- ly and his or their children by this my Will of and in my residu- ary and other estates and shall be deducted therefrom for his or their absolute benefit and if I had given the same sum or sums to him or them respectively and the sum or sums advanced by me to my said Son in Law I give and bequeath to my Daughter absolutely and the same shall be deducted from the share of my said Daughter and her children of and in my residuary and other estates Provided also and I do hereby declare that in the meantime and until my freehold copyhold & leasehold hereditaments and premises shall be sold and disposed of after the discontinuance of my said businesses the rents issues and profits thereof shall be held and applied upon the same trusts as are hereinbefore expressed and declared of any con- cerning the annual income of the monies to arise from the sale thereof Provided always and I do hereby declare that it shall and may be lawful to and for the said Edward John Alston Daniel
[page 12]
Constable Alston and Robert Harrison and the survivors and survi- vor of them and the executors and administrators of such survivor at any time previously to the sale or discontinuance of my said businesses at the discretion of my said trustees or trustee by any Deed or Deeds Instrument or Instruments in writing either referring or not referring to this present power to be sealed and declared by them or him in the presence of and attested by one or more reli- able witness or witnesses to demise or leave or all or any part or parts of the freehold copyhold and leasehold hereditaments and premises by this my Will devises and bequeathed (the proper licences for the devise of such copyhold hereditaments being first obtained) to any person or persons for any term or number of years absolute not exceed- ing twenty one years to take effect in possession and not in rever- sion or by way of future interest so that there be reserved on every such demise or lease payable during the term thereby created then best or most improved rents or rent to be incident to the immedi- ate reversion of the hereditaments to be demised or leased that can be reasonably had for the same without taking any fine premium or foregift or anything in the nature of a fine premium or foregift for the making thereof and so that there be therein respectively contained a clause in the nature of a condition of reentry for non- payment of the rent or rents to be thereby respectively reserved and so that the person or persons names therein lessee or lessees do exe- cute a counterpart of counterparts thereof respectively and do thereby covenant for the due payment of the rent or rents thereby to be respectively reserved and be not by any clause or words therein to be entered made dispunishable for waste or exempted from punish- ment for committing waste Provided also and I do hereby further declare that it shall and may be left to and for the said Edward John Alston Daniel Constable Alston and Robert Harrison and the survivors and survivor of them and the executors or administrators of such survivor at any time or times whilst my said businesses shall be carried on to dispose of surrender convey and assign either by way of absolute sale or in exchange for or in lieu of other messuages inns lands or hereditaments to be situate somewhere in England or Wales all or any part of the freehold copyhold and leasehold here- ditaments and premises hereinbefore devised and bequeathed to any person or persons whomsoever for such price or prices in money or for such equivalent or recompense in lands or hereditaments as to them the said trustees or trustee shall seem reasonable and that for the purpose of effecting such dispositions sales surrenders conveyances and arrangements it shall and may be left to and for my said trus- tees and the survivors and survivor of them and the executors and administrators of such survivor to make and execute all such acts deeds conveyances assignments and assurances which it shall be thought necessary or expedient to execute in order to effectuate such sales dispositions exchanges conveyances and assignments as afore- said and also that upon any such exchange as aforesaid it shall and may be lawful to and for the said trustees or trustee to give or receive any sum or sums of money by way of equality of exchange and also that upon payment of the money to arise by sale of the said hereditaments and premises or any part thereof or so to be received for equality of exchange And it shall and may be lawful to and for my said trustees and the survivors and survivor of them and the executors or administrators of such survivor to give and sign receipts for the monies for which the same shall be sold or so to be received by them or him for equality of exchange as aforesaid [page13]
and that such receipts shall be sufficient discharges to the person or per- sons paying the same respectively for the money for which the same shall be so given or for so much thereof as in such receipts shall be res- pectively acknowledged to be received and that the person or persons paying the same respectively and taking such receipts for the same respectively as aforesaid shall not afterwards be answerable or account- able for the loss misapplication or nonapplication or be in any wise obliged to see to the application thereof or any part thereof respec- tively and further that when all or any part of the hereditaments and premises so to be respectively settled as aforesaid shall be sold for a valuable consideration in money or any money shall be received for equality of exchange under the powers hereinbefore contained they my said trustees and the survivors and survivor of them and the executors or administrators of such survivor shall stand and be pos- sessed thereof upon the same trusts as the said hereditaments and premises so to be sold as aforesaid would have been liable under the trusts of this my Will if such sale or sales had not been made and shall stand possessed of the hereditaments and premises to be received by way of exchange as hereinbefore is mentioned upon such of the same trusts and for such and the same interests and purposes and as with under and subject to such and the same powers provisos and directions as are in and by this my Will declared of any concerning the hereditaments and premises to be given and assigned by the said trus- tees or trustee in exchange Provided also and I do hereby further declare that if the said Edward John Alston Daniel Constable Alston and Robert Harrison or any or either of them or any future trus- tees or trustee to be appointed by virtue of the power for that purpose herein contained or any of the said trustees executors or adminis- trators of any such trustee shall happen to die or be desirous of being discharged from or refuse or decline or become incapable to act in the trusts or powers in this my Will contained before the same shall be fully performed or otherwise satisfied Then and in either of the said cases and so often as the same shall happen it shall and may be lawful to and for my said Wife during her life and after her decease for the surviving or continuing trustees or trustee or if there be none such for the retiring trustee or trustees or if all the said trustees shall have departed this life for the executors or administrators of the last surviving trustee or for some or one of such person or persons if the other or others of them shall be unable or unwilling to exercise this power by any writing under his her or their hand or hands to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustees or trustee so dying desiring to be discharged or refusing declining or becoming incapable to act as aforesaid And that where any such nomination or appointment of a new trustee or new trustees shall have taken place all and singular the trust estates messuages stocks funds and securities whatsoever which shall be then vested in the trustees or trustee for the time being of this my Will or which shall be subject to the trusts thereof shall with all convenient speed at the costs of my estate be assigned and transferred in such manner as effectually to vest the same in such new trustee or trustees jointly with the surviving or continuing trustees or trustee or if there be no continuing trustee then in such new trustees only upon and for such of the trusts intents and pur- poses and under and subject to such of the powers provisoes and declarations hereinbefore by me declared of and concerning the same trust estates messuages stocks funds and securities as shall be then subsisting or capable of taking effect And I do hereby declare that
[page14]
all and every such new trustees or trustee shall and may in all things act and assist in the carrying on and execution of the trusts to be reposed in them or him as fully and effectually and with all and singular the same powers authorities and discretion to all intents and purposes whatsoever as if they or he had been originally in and by this my Will nominated a trustee or trustees for the purposes aforesaid or as the trustee or trustees in or to whose place such new trustee or trustees shall succeed might or could have done by virtue of this my Will if he or they had been living and continuing to act in the execution of the aforesaid trusts And I do hereby further declare that the said trustees hereby appointed and such new trustees as aforesaid and each of them their and each of their heirs executors and administrators shall be charged and chargeable only with and for so much of the said trust monies as they respectively shall actually receive notwithstanding their respectively joining with any cotrustee or cotrustees in the signature of receipts for the sake of conformity And that any one or more of such trustees shall not be answerable or accountable for any other or others of them or for the acts deeds receipts neglects or defaults of any other or others of them but each of them for his own respect- tive acts deeds receipts neglects and defaults only and that they or any or either of them shall not be answerable or accountable for any loss that my happen by reason of any defect of title in any hereditaments and premises which shall or may be purchased with the said trust monies or any part thereof pursuant to the power in that behalf hereinbefore contained nor shall they or any or either of them be answerable or accountable for any per- son or persons in whose hands any of the said trust monies shall or may be deposited for safe custody or for the insufficiency or defici- ency of any stocks funds or securities wherein or whereupon any of the said trust monies shall be placed or invested or for any other misfortune loss accident or damage which shall or may happen in the execution of any of the trusts or powers herein expressed or otherwise in relation thereto unless the same shall happen through their own wilful defaults respectively And furthermore that it shall be lawful for the said trustees hereinbefore by me appointed and such new trustees as aforesaid and each of them their and each of their heirs executors and administrators by and out of the monies which shall come to their respective hands by virtue of these presents to retain to and reimburse themselves respectively and to allow to their respective cotrustees all such costs charges and expenses as they or any or either of them shall or may sustain or incur in or about the execution of any of the trusts or powers herein expressed or otherwise in relation thereto And I do hereby lastly declare that in all cases whatsoever where any money shall be payable by vir- tue hereof to any trustees or trustee for the time being of this my Will the receipt or receipts in writing of such trustees or trustee shall be an effectual discharge to the person or persons paying the same for so much money as in such receipt or receipts shall be expressed or acknowledged to be received and that such person or persons as aforesaid shall not afterwards be answerable or accountable for the loss misapplication or nonapplication of such money or any part thereof or be obliged or concerned to see to the application there- of or any part thereof And I appoint my said Wife and my said Sons Edward John Alston & Daniel Constable Alston Executrix and Executors of this my Will In witness where I the said Daniel Constable Alston the Testator have to this my last Will
[page 15]
and Testament contained in this and the fifteen preceeding sheets of paper set my hand this sixteenth day of September one thou-sand eight hundred and forty six
Dan^l C Alston
Signed by the said Daniel Constable Alston the Testator as and for his last Will and Testament in the joint presence of us who at his request in his presence and in the presence of each other subscribe our names as witnesses James Faiers Manningtree Cooper C J Owen Manningtree Sol^r Proved at London the 11^th Dec^r 1846 before the Judge by the Oaths of Eliza Alston Widow the Relict and Edward John Alston and Daniel Constable Alston executors to whom Admon was granted having been first sworn by Commission duly to administer
Transcribed by J Henderson 2012.
Images of the 16 pages on file

  Other Records

1. Daniel Constable Alston: Estate Liquidation, 1846-1849.

Daniel married Elizabeth TOTMAN [3760] [MRIN: 1301], daughter of John TOTMAN of Gt Bromley [3761] and Unknown, on 2 Jan 1810 in St George Gt Bromley ESS. (Elizabeth TOTMAN [3760] was born about 1783, died on 26 Nov 1852 in Manningtree and was buried in Manningtree Church Family Vault.)