This is the last Will and Testament of me William
Alston of the city of Rochester in the county of Kent Merchant made published and declared
the twenty first day of April in the year of our Lord one thousand eight hundred and
thirty three in manner following that is to say First I give and devise all those my
freehold messuage or Tenement and tan yard with the Pits cottages barns Stables warehouses
Storehouses Shops [or Ships] Sheds lodges bark mills with the gear thereof and all other
erections and buildings in the same tan yard or pertaining thereto and used therewith the
Garden containing one acre or thereabouts in front of the said Messuage the Orchard
containing two acres or thereabouts with the Stable and other buildings thereon and the
field adjoining or near the said tan yard containing three Acres or thereabouts with the
Shed and other buildings thereon all which premises are situate at or near Chalkwell in
the parish of Milton next Sittingbourne in the county of Kent and are now in my own
occupation [marginal note: interlined in original] with their and every of their
rights members and Appurtenances unto David Hermitage Day David John Day and Thomas
Hermitage Day all of the city of Rochester aforesaid Bankers their heirs and assigns to
the uses and for the purposes hereinafter mentioned that is To say to the use of my son
William Spice Alston and his assigns for and during the term of his natural life without
impeachment of waste And from and after his decease to the use of all and every the Child
and Children as well daughters and sons of the said William Spice Alston equally to be
divided between them if more than one as tenants in common and not as joint tenants and if
their shall be but one such child then to the use of such only Child and the heirs and
assigns of such Child or children respectively for ever And in case any one or more of
such Children shall happen to die under the age of twenty one years and without leaving
lawful issue living at the time of his her or their death or respective deaths then as to
all and every the original part or share parts or shares of the Child or Children so
dying and also the part or share parts or shares [marginal note: interlined in
original] which shall be taken by him her or them under this present provision or
limitation in the nature of Cross remainders To the use of the surviving or other Child or
Children of the said William Spice Aston equally to be divided between them if more than
one as tenants in common and not as joint tenants and his her or their heirs and Assigns
for ever And if there shall not be any Child of the said William Spice Alston or in case
of there being one or more such Child or Children and of the decease of all of them
happening under the age of twenty one years without leaving issue as aforesaid Then to the use of my Son David Thomas Alston and
his assigns for and during the term of his natural life without impeachment of waste And from and after his decease to the use of all and
every the Child and Children as well daughters as sons of the said David Thomas Alston and
his her or their respective heirs in like manner for the like Estates and interests and
with like benefit of Survivorship and ?accrual? mutatis mutandis as are hereinbefore
mentioned and contained in relation to the Children of my said Son William Spice Alston And if there shall not be any Child of the said
David Thomas Alston or in case of there being on[e] or more such Child or Children and of
the decease of all of them happening under the age of twenty one years without leaving
issue as aforesaid Then to the use of my Son
David Alston and his assigns for and during the term of his natural life without
impeachment of waste and from and after his decease To the use of all and every the Child
and Children as well daughters as sons of the said David Alston and his her or their
respective heirs in like manner for the like Estates and interests and with like benefit
of Survivorship and ?Accrual? mutatis mutandis as are hereinbefore mentioned and contained
in relation to the Children of my said Son William Spice Alston And if there shall not be any Child of the said
David Alston or in case of there being one or more such Child or Children and of the
decease of all of them happening under the age of twenty one years without leaving issue
as aforesaid Then to the use of my own right
heirs for ever Provided always and forasmuch as it is my Will and desire that my Son
William Spice Alston should not join or engage in Copartnership with any person or persons
whomsoever in the Manufactory Trade or business of a Tanner
And I do hereby declare and direct that in case he shall at any time after
my decease join or engage in Copartnership with any person or persons whomsoever in the
said manufactory trade or business of a Tanner then and from thenceforth during the residue
of the natural life of my said Son William Spice Alston they the said David Hermitage
Day David John Day and Thomas Hermitage Day their heirs and assigns shall become and stand
seized and possessed of all and singular the hereditaments hereinbefore devised or
<???> to the use of the said William Spice Alston for his life as to such interest
and interests for life of the said William Spice Alston to the use of themselves their
Executors and Administrators in trust to pay and apply the rents issues and profits
thereof to or for the benefit of the person or persons to whom or for whose benefit the
same would from time to time be payable or applicable in case the said William Spice
Alston were then actually dead And I give and
devise all that piece or Parcel of Freehold ground containing in length one hundred and
thirty four feet or thereabouts be the same more or less with the rights members and
appurtenances thereto belonging situate in Cazenouve Street in the Parish of Saint
Margaret next Rochester aforesaid and near the Public Alehouse there known by the Sign of
the Sir John Falstaff unto and to the use of my said Son William Spice Alston his heirs
and Assigns for ever And I give and devise all
those my Freehold lands grounds sea shore and ?fishery? commonly called Cheney Rock
situate in the Parish of Minster in the Isle of Sheppy in the County of Kent and all my
lands grounds tenements soil and Rights of
Soil fisheries and rights of Fishery and all other rights easements liberties and
hereditaments whatsoever of and within the Manor of Minster in the said Isle of Sheppy
shares and Products thereof and all other my manors lands tenements and hereditaments
whatsoever within the said Parish and Manor of Minster or elsewhere in the said Isle of
Sheppy and in or on the shores Creeks and waters thereof with their and every of their
rights members & appurt[enance]s And also
all those my Freehold lands grounds Sea Shores and fisheries commonly called Leigh Swatch
and Chalkwell Ouse situate in the parishes of Prittlewell & Leigh or one of them in
the County of Essex and all my Freehold manors lands grounds tenements soil and rights of
Soil fisheries and rights of Fishery and all other rights easements liberties and
hereditaments whatsoever within the said parishes of Prittlewell and Leigh or elsewhere in
the said County of Essex and in or on the Sea Shores creeks and waters thereof with their
and every of their rights members and appurtenances And
also all those my Freehold messuages or tenements buildings land and hereditaments
whatsoever situate in the High Street and in Bull Lane or elsewhere within the parish of
Saint Nicholas in the City of Rochester aforesaid with their and every of their rights
members and appurt[enance]s unto the said
David Hermitage Day David John Day and Thomas Hermitage Day their heirs and assigns To the uses and for the purposes hereinafter
mentioned that is to say As to and concerning one full and equal undivided moiety or half
part of and in the said last devised estates and hereditaments (the whole into two equal
parts being divided or considered as divided) To the use of my Son David Thomas Alston and
his assigns for and during the term of his natural life without impeachment of waste And from and after his decease in case he
shall depart this life leaving my Sons William Spice Alston and David Alston both him
surviving To the use of my Son William Spice Alston and his Assigns for and during the
term of his natural life without impeachment of waste
And from and after the decease of the said William Spice Alston in case the
limitation to him for life last hereinbefore contained shall take effect and if the same
shall not take effect then from and after the decease of the said David Thomas Alston [marginal
note: Original] To the use of all and every the Son and Sons of the said David Thomas
Alston equally to be divided between them if more than one as tenants in common and not as
joint tenants and if there shall be but one such Son then to the use of such only Son and
the heirs and Assigns of such Son or Sons respectively for ever And in case any one or more of such Sons of the
said David Thomas Alston shall happen to die under the age of twenty one years and without
leaving lawful issue living at the time of his or their death or respective deaths then as
to all and every the original part or share parts or shares of the Son or Sons so dying
and also the part or share parts or shares which shall be taken by him or them under
this present provision or limitation in the nature of cross remainders To the use of the
surviving or other Son or Sons of the said David Thomas Alston equally to be divided
between them if more than one as tenants in common and not as joint tenants and his or
their heirs and assigns for ever And if there
shall not be any Son of the said David Thomas Alston or in case of there being one or more
such Son or Sons and on the decease of all of them happening under the age of twenty one
years without leaving issue as aforesaid Then
to the use of my said Son David Alston and his assigns for and during the term of his
natural life without impeachment of waste And
from and after his decease To the use of all and every the Son and Sons of the said David
Alston and his or their respective heirs in like manner for like estates and interests and
with like benefit of Survivorship and ?accruer? mutatis mutandis as are last hereinbefore
mentioned and contained in relation to the Son and Sons of my said Son David Thomas Alston And as to and concerning the other or remaining
full and equal undivided moiety or half part of and in the said estates and hereditaments
last devised and now in limitation To the use of my Son David Alston and his Assigns for
and during the term of his natural life without impeachment of waste and from and after
his decease in case he shall depart this life leaving my said Sons William Spice
Alston and David Thomas Alston both him surviving To the use of my said Son William Spice
Alston and his assigns for and during the term of his natural life without impeachment of
waste and from and after the decease of the said William Spice Alston in case the
limitation to him for life last hereinbefore mentioned shall take effect and if the same
shall not take Effect then from and after the decease of the said David Alston [marginal note: Original] To the use of
?and benefit of? the Son and Sons of the said David Alston [marginal note: interlined]
and his or their respective heirs in like manner for like Estates and interests and with
like benefit of Survivorship and ?accruer? mutatis mutandis as are last hereinbefore mentioned and contained in relation to the Son and
Sons of my said Son David Thomas Alston And if
there shall not be any Son of the said David Alston or in case of there being one or more
such Son or Sons and of the decease of all of them happening under the age of twenty one
years and without leaving issue as aforesaid Then to the use of my said Son David Thomas
Alston and his assigns for and during the term of his natural life without impeachment of
waste and from and after his decease To the use of all and every the Son and Sons of the
said David Thomas Alston and his or their respective heirs in like manner for like estates
and interests and with like benefit of Survivorship & ?accruer? mutatis mutandis as
are last hereinbefore mentioned and contained in relation to their Son and Sons of him the
said David Thomas Alston and if there shall not be any Son of either of them the said
David Thomas Alston and David Alston [marginal note: interlined] or in case of
there being one or more such Son or Sons and of the decease of all of them happening under
the age of twenty one years without leaving issue as aforesaid Then as to the entirety of the said Estates and
hereditaments last devised and now in limitation To
the use of my Son William Spice Alston and his assigns for and during the term of his
natural life without impeachment of waste And
from and after his decease to the use of all and every the Son and Sons of the said
William Spice Alston and his or their respective heirs in like manner for like Estates and
interests and with like benefit of survivorship and ?accruer? mutatis mutandis as are last
hereinbefore mentioned and contained in relation to the Son and Sons of my said Son David
Thomas Alston And if there shall not be any
Son of the said William Spice Alston or in case of there being one or more such Son or
Sons & of the decease of all of them happening under the age of twenty one years
without leaving issue as aforesaid Then to the use of my Grandson William Augustus
Chaplin (Son of my Daughter Elizabeth Chaplin) and his assigns for and during the term of
his natural life without impeachment of waste and from and after his decease To the use of
all and every the Son or Sons of the said William Augustus Chaplin and his or their
respective heirs in like manner for like estates and interests with like benefit of
survivorship and ?accruer? mutatis mutandis as are last hereinbefore mentioned in relation
to the Son and Sons of my said son David Thomas Alston and [if] there shall not be any Son
of the said William Augustus Chaplin or in case of there being one or more such Son or
Sons and of the decease of all of them happening under the age of twenty one years without
leaving issue as aforesaid [marginal note: Original] Then as to and concerning on full undivided moiety
or half part (the whole into two equal parts being divided or considered as divided) of
and in the said Estates and hereditaments last devised and now in limitation To the use of my Grandson Horace Chaplin (another
of the Sons of my said Daughter Elizabeth Chaplin) and his assigns for and during the term
of his natural life without impeachment of waste and from and after his decease To the use of all and every the Son and Sons of the
said Horace Chaplin and his or their respective heirs in like manner for like Estates and
interests and with the like benefit of survivorship and ?accruer? mutatis mutandis as are
last hereinbefore mentioned in relation to the Son and Sons of my said Son David Thomas
Alston and if there shall not be any Son of the said Horace Chaplin or in case of there
being one or more such Son or Sons and of the decease of all of them happening under the
age of twenty one years without leaving issue as aforesaid then to the use of my Grandson
Alfred Chaplin (another of the Sons of my said Daughter Elizabeth Chaplin) and his assigns
for and during the term of his natural life without impeachment of waste And form and after his decease To the use of all and every the Son and Sons of the
said Alfred Chaplin and his or their respective heirs in like manner for like Estates
interests and with like benefits of Survivorship and ?accruer? mutatis mutandis as are
last hereinbefore mentioned and contained in relation to the Son and Sons of my said Son
David Thomas Alston And as to and concerning
the other full undivided moiety or half part (the whole into two equal parts being divided
or considered as divided as aforesaid) of and in the said estates and hereditaments last
devised and now in limitation To the use of my
said Grandson Alfred Chaplin and his assigns for and during the term of his natural life
without impeachment of waste and from and after his decease To the use of all and every
the son and sons of the said Alfred Chaplin and his or their respective heirs in like
manner for like estates and interests and with like benefit of Survivorship and ?accruer?
mutatis mutandis as are last hereinbefore mentioned and contained in relation to the Son
and Sons of my said Son David Thomas Alston And if there shall not be any Son of the said
Alfred Chaplin or in case of there being one or more such Son or Sons and of the decease
of all of them happening under the age of twenty one years without leaving issue as
aforesaid Then to the use of the said Horace Chaplin & his assigns for and during the
term of his natural life without impeachment of waste
And from and after his decease To the use of all and every the Son and Sons
of the said Horace Chaplin and his or their respective heirs in like manner for like
Estates and interests and with like benefit of survivorship & ?accruer? mutatis
mutandis as are last hereinbefore mentioned and contained in relation to the son and Sons of my said Son David Thomas Alston And if there shall not be any Son of either of them
the said Horace Chaplin and Alfred Chaplin or in case of there being one or more such Son
or Sons and of the decease of all of them happening under the age of twenty one years
without leaving issue as aforesaid Then as to
the entirety of the said Estates and hereditaments last devised and now in limitation To
the use of my own right heirs for ever And I give and bequeath unto the said David
Hermitage Day David John Day and Thomas Hermitage Day the Executors Adm[inistrat]ors and
Assigns All those my leasehold Messuages or tenements and other buildings ground and
premises with the Appurt[enance]s situate at or near Cheney Rock in the Parish of Minster
in the Isle of Sheppy aforesaid and now in the occupation of myself and others for all the
term and with all the right and benefit of renewal which I shall be entitled to therein at
the time of my decease Upon Trust for and for the benefit of the same persons in the same
proportions for like interests and under and subject to the same powers provisos
limitations restrictions and regulations in all respects as are hereinbefore and
hereinafter mentioned expressed and declared of concerning and in relation to the before
mentioned and devised freehold hereditaments situate in the Parish of Minster and Isle of
Sheppy hereinbefore limited to or to the use of my said Sons David Thomas Alston and David
Alston in undivided moieties for their respective lives with divers remainders over or as
near thereto as the nature of the same estates and the rules of Law and equity will admit
and to permit and suffer the persons for the time being respectively entitled under the
uses limitations and trusts aforesaid to the rents and profits of the said Freehold
hereditaments in the said Parish of Minster and Isle of Sheppy respectively in the life
proportions to have hold and enjoy and receive and take the rents and profits of the same
leasehold premises or to pay and apply the same to or for the benefit of such persons
accordingly And I direct that the lease under which I hold the same leasehold premises
shall be kept duly renewed so often as the same shall according to the terms and
conditions thereof become renewable and that the fines fees and expenses attending such
renewals shall be paid out of the rents and profits of the same Premises provided always
and I hereby declare and direct that in case my Sons William Spice Alston David Thomas
Alston and David Alston or my Grandchildren William Augustus Chaplin Horace Chaplin and
Alfred Chaplin or any or either of them shall happen to become Bankrupt or shall take the
benefit of any act or Acts of Parliament passed or to be passed for the relief of
insolvent debtors then from the time or respective times that a fiat or fiats in
Bankruptcy shall issue against my said Sons or Grandchildren or any one or more of them
respectively or from the time of any one or more of them so taking the benefit of any such
Insolvent Act and during the then remainder of his or their life or respective natural
lives the interest and interests for life by this my will limited to or to the use of such
of my said Sons or Grandchildren respectively who shall so become bankrupt and against
whom a fiat or fiats in Bankruptcy shall so issue or who shall so take the benefit of any
such Insolvent Act in my real Estates or any part or parts thereof or in my Leasehold
estates or any part or parts thereof shall
cease and determine and the Trustees to whom the same real or leasehold estates
respectively are hereinbefore devised and bequeathed and their heirs Executors
Adm[inistrat]ors and Assigns shall thenceforth stand and be seized and possessed thereof
as to such interest and interests for life of such of my said Sons or Grandchildren
respectively who shall so become Bankrupt and against whom a fiat or fiats in Bankruptcy
shall so issue or who shall so take the benefit of any such Insolvent Act to the use of
them the said Trustees their Executors and Administrators [marginal note: Interlined
in original] upon trust during the remainder of the natural life or lives of such Son or
Sons Grandchild or Grandchildren respectively so becoming Bankrupt and against whom a fiat
or fiats in Bankruptcy shall so issue or who shall so take the benefit of any such
Insolvent Act to pay apply and dispose of the annual income proceeds and profits thereof
as the same arise & <???> due to or for the benefit of the same persons as for
the time being and from time to time would under the limitations of this my will be
entitled thereto in case my said Son or Sons Grandchild or Grandchildren respectively so
becoming Bankrupt and against whom a fiat or fiats in Bankruptcy shall so issue or who
shall so take the benefit of such Insolvent Act was or were naturally dead And to preserve the contingent estates interests
and remainders hereinbefore limited from being defeated and destroyed I give and devise
the hereditaments and part or Shares hereinbefore devised or limited to any and every
person for life as aforesaid after the determination of that Estate by forfeiture or
otherwise in his or her lifetime to the said David Hermitage Day David John Day and Thomas
Hermitage Day and their heirs during the life of every tenant for life whose Estate shall so determine in trust for him or her and by
the such ways and means to preserve the contingent Estates interests or remainders
expected thereon And I give and bequeath all those my leasehold Oyster Grounds Fishery
& Premises with the Appurtenances called Hadleigh ?Roa? situate at or near Leigh
aforesaid and all other Premises if any held by me of Lady Sparrow and all other my
leasehold Oyster Grounds and Fisheries with the Appurtenances for all the terms estate and
interest which I shall be entitled to therein respectively at the time of my decease unto
my said Sons David Thomas Alston and David Alston equally to be divided between them share
and share alike as tenants in common and not as joint tenants and their respective
Executors Adm[inistrat]ors and Assigns absolutely And
I give and bequeath such Chariot and Chariot Horses as I shall have in use at the time of
my decease unto my said Son David Thomas Alston absolutely Also
I give and bequeath all my silver plate and all the wines and other liquors which shall be
in or at my dwellinghouse in Rochester aforesaid at the time of my decease unto and
equally between my said Sons William Spice Alston & and David Thomas Alston absolutely Also I give and bequeath all the household
furniture and implements of household china and other household effects (other than plate
wine and other liquors [)]which shall be in and about my said dwellinghouse in Rochester
aforesaid at the time of my decease unto my said Son William Spice Alston absolutely. Also
I give and bequeath all the household Furniture and implements of household ?use? linen
China and other household Effects and all the liquors and provisions which shall be in and
about my dwelling house at Chalkwell in the Parish of Milton aforesaid at the time of my
decease unto my said Son William Spice Alston absolutely [marginal note: Interlined
in original] Also I give and bequeath all the
household Furniture and implements of household plate linen China and other household
Effects and all the liquors and provisions which shall be in and about my dwelling house
at or near Cheney Rock in the Parish of Minster aforesaid at the time of my decease unto
my Son David Thomas Alston absolutely And I do
hereby direct that the Stoves and other fixtures which shall be in and about my several dwellinghouses at Rochester Chalkwell
and Minster aforesaid at the time of my decease shall remain and be left therein for the
benefit of the person or persons to be for the time being entitled in possession to the
same Premises under the devises bequests & provisions herein contained Also I give and bequeath all and every the Carts
and other Carriages horses harness Fixtures and implements which shall pertain to and be
used in my manufactory trade or business as a Tanner at the time of my decease unto my
said Son William Spice Alston absolutely Also
I give and bequeath all and every my vessels boats and craft whatsoever with the tackle
Furniture fixtures materials implements and appurtenances to the same vessels boats and
craft severally belonging or appertaining and as they at the time of my decease may be
fitted and used for the Oyster trade or business and all my dredges with the Chains and
buoys thereto and all the rakes and other materials and implements whatsoever which at my
decease shall be in use in or for the purposes of or in any way pertain to all or any of
my Oyster grounds and Fisheries or my trade & business of an Oyster Merchant unto and
equally between my said Sons David Thomas Alston and David Alston absolutely And I give and bequeath unto the said David
Hermitage Day David John Day and Thomas Hermitage Day and my said Son David Thomas Alston
their Executors and Adm[inistrat]ors the Sum of five thousand pounds sterling (of which
the Sum of one thousand pounds now owing to me from William Chaplin the Husband of my
daughter Elizabeth Chaplin or so much thereof as shall remain unpaid at the time of my
decease shall form part) to be by them laid out and invested in the purchase of Stock in
their names in the three per centum consolidated Bank Annuities which Stock they shall
stand and be possessed of upon the trusts and for the intents and purposes hereinafter
mentioned that is to say Upon trust that they
the said David Hermitage Day David John Day Thomas Hermitage Day and David Thomas Alston
and the Survivors and Survivor of them and the Executors Adm[inistrat]ors and Assigns of
such Survivor do and shall during the life of my Daughter Elizabeth Chaplin pay and
dispose of the interest dividends & annual produce and in such parts and proportions
manner and form as my said Daughter Elizabeth Chaplin shall from time to time whether
covert or solo and notwithstanding her present or any future coverture by any writing or
writings under her own hand only as the interest dividends and annual produce shall from
time to time become due and payable but not by way of anticipation direct or appoint or
otherwise do and shall pay the same interest dividends & annual produce into the
Proper hands of my said daughter Elizabeth Chaplin To the intent that the same may not be assigned
charged or disposed of and may not be at the disposal for o subject or liable to the
controul (sic) debts or engagements of her present or any future husband but only at her
own sole and separate disposal And I hereby
declare that the receipts in writing of my said Daughter Elizabeth Chaplin alone or of the
person or persons to whom she shall direct the said interest dividends and annual produce
to be paid shall from time to time notwithstanding her present or any future coverture be
sufficient discharges to the person or persons who shall pay the same for so much thereof
for which every such receipt shall be given And
from and after her decease my said Trustees or the Survivors or Survivor of them or the
executors Administrators or assigns of such Survivor shall stand and be possessed of and
interested in the Principal of the said three per centum annuities to be purchased as
aforesaid Upon trust for all or such one or
more of the Children of my said daughter Elizabeth Chaplin for such interest or interests
& in such shares proportions manner and form as my said daughter Elizabeth Chaplin
whether covert or sole and notwithstanding her present or any future coverture by any deed
or deeds writing or writings with or without power of revocation and new appointment to be
by her sealed and delivered in the presence of one two or more credible witness or
witnesses or by her last will and Testament in writing or any Codicil thereto or any
writing in the nature of or purporting to be her last will and Testament or Codicil to be
by her (notwithstanding her present or any future Coverture signed and published in the
presence of and attested by two or more Credible Witnesses shall direct limit or appoint
give or bequeath the same And in default
of such direction limitation or appointment gift or bequest and as to so much and such
part and parts of the said three per centum Annuities to be purchased as aforesaid to
which any such direction limitation or appointment gift or bequest as may be made shall
not extend Upon trust that my said Trustees or
the Survivors or Survivor of them or the Executors Adm[inistrat]ors or Assigns of such
Survivor do and shall pay assign and transfer the same unto all and every the Child and
Children of the said Elizabeth Chaplin equally to be divided between them if more than one
share and share alike and if there shall be but one such Child then the whole to such only
Child and his her or their several and respective Executors Adm[inistrat]ors and Assigns
upon their severally attaining the age of twenty five years and after the decease of the
said Elizabeth Chaplin as aforesaid to and for his her or their own absolute use and
benefit The share or respective shares of such
Child or Children to become vested and transferable interests in them respectively
(expectant on the decease of the said Elizabeth Chaplin) when and as he she or they
respectively shall attain the said age of twenty five years or die under that age leaving
lawful issue living at their respective deaths But
in case ant one or more of the Children of the said Elizabeth Chaplin shall happen to die
under the age of twenty five years and without leaving lawful issue as aforesaid then the
part and share or parts and shares as well original as accruing of and in the said three
per centum annuities to be purchased as aforesaid or of and in so much and such part
thereof as is now in disposition or limitation of such Child or children so dying shall go
and accrue unto the other or others of her said Children equally to be divided between
them if more than one share and share alike and if there shall be but one then to such
only one and become vested interests in and be payable assignable and transferable to him
her or them respectively at the same time or times as their his or her original shares or
share Provided always and I do hereby declare and direct that after the decease of my said
Daughter Elizabeth Chaplin during the respective minorities of her said children and until
they severally attain the said age of twenty five years the dividends interest and annual
produce of their respective apparent or presumptive shares of and in the said three per
centum annuities to be purchased as aforesaid shall from time to time be laid out and
invested in the purchase of like three per centum annuities as shall also the increased
dividends to arise from such further investments in increase and accumulation of the
principal of their said respective shares Provided also and I hereby declare and direct
that my said Trustees shall not call for or require payment by the said William Chaplin of
the Principal of the said Sum of one thousand pounds or so much thereof as shall remain
due and unpaid at the time of my decease at any earlier period or in any other manner than
by six yearly instalments each of one sixth part of the same debt computing from the day
of my decease And I hereby give foregive and
release unto the said William Chaplin all such sum and sums of money if any over and above
the Sum of one thousand pounds as he may owe or stand indebted unto me at the time of my
decease Also I give and bequeath unto the said
David Hermitage Day David John Day Thomas Hermitage Day and David Thomas Alston their
Executors and Administrators the further Sum of one thousand pounds sterling to be by them
laid out and invested in the purchase of Capital Stock in their names in three per centum
consolidated Bank Annuities which last mentioned stock they shall stand and be possessed
of upon the trusts and for the intents and purposes hereinafter mentioned that is to say
Upon trust that my said Trustees or the Survivors or Survivor of them of the Executors
Adm[inistrat]ors or Assigns of such Survivor do and shall pay assign & transfer the
same last mentioned three per centum annuities unto my Grand daughter Eleanor Chaplin (one
of the Children of my said Daughter Elizabeth Chaplin) upon her attaining the age of
twenty two years and I declare and direct that the same shall become a vested and
transferable interest in the said Eleanor Chaplin upon her attaining the said age of
twenty two years or dying under that age leaving lawful issue living at the time of her
death And in case of the decease of the said
Eleanor Chaplin under the said age of twenty two years and without leaving lawful issue as
aforesaid Then upon trust that they my said Trustees and the Survivors and Survivor of
them and the Executors Administrators and Assigns of such Survivor shall and dod pay apply
assign and dispose of the said three per centum annuities to be purchased with the said
Sum of one thousand pounds as aforesaid and the dividends interest and produce thereof to
or for the benefit of my said Daughter Elizabeth Chaplin and her other Children in like
manner and under and subject to like or similar power of appointment and of the
regulations provisions directions limitations and powers in all respects mutatis mutandis
as are hereinbefore mentioned and contained in relation to the three per Centum Annuities to be purchased with the said Sum of five
thousand pounds and the dividends interest and produce thereof hereinbefore given or
limited to or in trust for the said Elizabeth Chaplin and her Children Provided always And
I do hereby declare and direct that during the minority of the said Eleanor Chaplin and
until she shall attain the age of twenty two years the dividends interest and annual
produce of the said three per Centum Annuities to be purchased with the said Sum of one
thousand pounds as aforesaid shall be laid out and applied in for and towards her
maintenance education and support or otherwise for the benefit in such way as my said
Trustees shall think fit Also I give and
bequeath unto the said David Hermitage Day David John Day Thomas Hermitage Day and David
Thomas Alston their Executors and Administrators the further Sum of one thousand pounds
sterling to be by them laid out and invested in the purchase of Capital Stock in their
names in three per cent consolidated Bank Annuities which last mentioned stock they shall
stand and be possessed of upon the trusts and for the intents and purposes hereinafter
mentioned that is to say Upon trust that my said Trustees or the Survivors and Survivor of
them or the Executors Adm[inistrat]ors or Assigns of such Survivor do and shall pay assign
and transfer the same last mentioned three per cent annuities unto my Grandson William
Francis Dobson (Son of my late Daughter Catherine Dobson deceased) upon his attaining the
age of twenty five years and I declare and direct that the same shall become a vested and
transferable interest in the said William Francis Dobson upon his attaining the said age
of twenty five years or dying under that age leaving lawful issue living at the time of
his death And in case of the decease of the
said William Francis Dobson under the said age of twenty five years and without leaving
lawful issue as aforesaid Then I declare and
direct that the said last mentioned three per Cent Annuities shall fall into and become
part of the residue of my personal Estate and be assigned transferred and disposed of by
my said Trustees accordingly Provided always
and I do hereby declare and direct that during the minority of the said William Francis
Dobson and until he shall attain the age of twenty five years or die under that age the
dividends interest and annual produce of the said last mentioned three per cent annuities
shall from time to time be laid out and invested in the purchase of like three per cent
annuities as shall also the increased dividends to arise from such further investments in
increase and accumulation of the principal of the same last mentioned three per cent
annuities for the benefit of the person or persons who under the trusts and limitations
hereinbefore contained may become entitled thereto Provided
always and I do hereby direct that the said legacies or Sums of five thousand pounds one
thousand pounds and one thousand pounds hereinbefore directed to be laid out and invested
by the Trustees of this my Will in the purchase of the three per Cent consolidated Bank
Annuities shall be so laid out and invested by them at such convenient time or times
within six years next after my decease as the Executors and Trustees of this my will shall
think fit but so that until such investments shall be fully made not less than one sixth
part of the said legacies shall be so laid out and invested in each of the said six years
next after my decease and I direct that in the mean time and until such investments shall
be made interest at the rate of five pounds per centum per annum computed from the day of
my decease shall be paid upon the same legacies or so much thereof as from time to time
shall remain uninvested as aforesaid which interest shall be paid applied and disposed of
in like manner as the dividends or interest of the three per Cent Stock to be purchased as
aforesaid would have been in case the same had been previously purchased And I bequeath to my Servant Lucy Wakefield the
Sum of two hundred pounds to be paid to her within one month next after my decease [marginal note: interlined] And whereas I have made and executed a settlement
of certain Freehold Estates to ?certain? uses for the benefit of my Dau[ghte]r Mary Ann
Smith (the wife of Charles Smith) after my decease by Indentures of lease and release
bearing date respectively the nineteenth and twentieth days of this instant month of April
the lease being of the latter date and made between me of the first part the said Charles
smith and Mary Ann his Wife of the second part and my said Sons William Spice Alston and
David Thomas Alston of the third part Now I do
hereby ratify and confirm the said Indentures
of Lease and release and settlement and do expressly direct my Sons and all other persons
and parties to do and execute all acts and things whatsoever which are or may become
necessary for the confirmation and corroboration thereof and the giving complete legal
effect to the same and the uses trusts and limitations therein contained And I give and bequeath all and every of my ready
money and securities for money monies in the public Stocks or funds debts notes leases
stock in trade as a Tanner and Oyster Merchant Goods Chattels and personal Estate and
Effects whatsoever and of what nature or kind soever not hereinbefore Specifically
bequeathed or disposed of (after and subject to the payment or discharge thereout of all
my just debts the pecuniary legacies hereinbefore bequeathed and payments hereinbefore
directed to be made and my funeral and testamentary expenses) unto my said Sons William
Spice Alston David Thomas Alston and David Alston equally to be divided between them share
and share alike and their respective Executors Adm[inistrat]ors and Assigns absolutely And I hereby declare and direct that my said Son
William Spice Alston shall at my decease succeed to and continue for his own use and
benefit my manufactory trade or business of a Tanner carried on at Chalkwell in the Parish
of Milton aforesaid and shall be entitled to become the purchaser of the leather bark and
other Stock pertaining to the said Manufactory trade or business at the time of my
decease(other than the carts and other carriages horses harness fixtures and implements
hereinbefore bequeathed to him) at such price or Sum of money as the same shall be valued
and appraised at by two indifferent and Proper persons one to be nominated by the
Executors of this my will and the other by my said Son William Spice Alston and in case
such referees should disagree then by a proper and indifferent third person to be
nominated by such Referees as umpire And which
valuation I direct shall be made as soon as conveniently may be after my decease And I further declare and direct that my said Sons
David Thomas Alston and David Alston shall at my decease succeed to and continue for their
own use and benefit equally my trade or
business of an Oyster Merchant carried on at or upon the aforesaid Oyster Beds grounds or
layings called Cheyney Rock Chalkwell Ouze Leigh Swatch and Hadleigh ?Rea? situate at or
near Minster Leigh and Prittlewell aforesaid and at or upon any other Oyster Beds Grounds
or layings which may be in my occupation at the time of my decease whether carried on by
me alone or in connexion with any other person or persons at the time of my decease and
shall be entitled to become the Purchasers of the Stock of Oysters and Oyster Brood
thereon at the time of my decease at such prices or Sums of money as the same shall be
valued and appraised at by two indifferent and proper persons one to be nominated by my
said Sons David Thomas Alston and David Alston and the other by the other Executors of
this my Will or by my said Son William Spice Alston and in case such referees should
disagree then by a proper and indifferent third person to be nominated by such referees as
Umpire And which valuations I direct shall be
made as soon as conveniently may be after my decease And
I hereby declare that the Stock pertaining to my said manufactory trade or business of a
tanner hereinbefore directed to be valued and appraised and the Stock of Oysters and
Oyster brood on the several Oyster Beds grounds or layings which shall be in my possession
use or occupation at the time of my decease shall be and constitute parts of my residuary
personal Estate subject nevertheless to such application of the same in or towards payment
of the legacies or Sums of money hereby bequeathed as is hereinbefore directed And I further declare and direct that my said Sons
William Spice Alston David Thomas Alston and David Alston shall respectively pay into the
fund of my residuary personal Estate so much and such part of the valuations and
appraisements hereinbefore directed to be made for them as aforesaid as from time to time
shall be wanted for payment of the several legacies and other charges payable thereout and
as may be necessary to actualize their respective portions shares of my
residuary personal Estate And I give devise
and bequeath unto the said David Hermitage Day David John Day Thomas Hermitage Day and
David Thomas Alston their heirs executors Adm[inistrat]ors and Assigns all such freehold
and leasehold messuages lands tenements and hereditaments whatsoever (if any) as are now
vested in me or as to the said leasehold Premises which shall be vested in me at the time
of my decease either as Trustee or by mortgagee in any way howsoever To hold the same unto
and to the use of the said David Hermitage Day David John Day Thomas Hermitage Day and
David Thomas Alston theirs heirs Executors Adm[inistrat]ors and Assigns upon and subject
to the like trusts and equity of redemption upon and subject to which the same premises
are now or shall be vested in me and with the same powers and <???> as far as I can
devise or bequeath the same or I have or may be entitled to in and over the same premises
respectively the monies due to me on any such mortgages to be nevertheless considered as
part of my personal Estate and <???> the dispositions of this my Will provided
always and I do declare and direct that on the death of any trustee or trustees of or
under this my Will or of any trustee or trustees to be appointed pursuant to this
provision or in case any one or more of them shall desire to decline or be discharged from
the trusts thereof or shall become incapable or unfit to act therein or shall go to reside
beyond Sea or shall desire to have an additional Trustee or Trustee joined with them or
any of them in the same trusts then and in any or either of the said cases and so often as
any or either of them shall happen it shall and may be lawful for the surviving or
continuing and acting Trustees or Trustee or the heirs executors or Adm[inistrat]ors of
the last acting Trustee or if there shall be no remaining Trustee then for my said Sons
William Spice Alston David Thomas Alston and David Alston to nominate and appoint new
Trustees or a new Trustee in the room of those so respectively dead or declining or
becoming incapable or unfit to act or going to reside beyond Sea or to act as additional
Trustee or additional Trustees And that
immediately on or after every such appointment the trust Estates Stocks monies and
Premises then remaining undisposed of pursuant of the Provisions of this my Will shall be
conveyed assigned and transferred so and is such manner that the surviving or continuing
trustees or trustee and such new or additional Trustees or Trustee may jointly or such new
Trustees if the case shall so require may solely to them their heirs Executors
Adm[inistrat]ors and Assigns become and stand seized and possessed thereof to the uses and
upon the trusts of this my Will or such of them as shall be then subsisting undetermined
and capable of taking effect and every such new or additional trustee shall have and may
exercise the like privileges (sic) powers and authorities in all respects as if he had
been originally appointed a Trustee of and by this my will Provided also and I do declare
and direct that it shall be lawful for the Executors of this my will to compound for and
compromise any debt or debts that may be due to me at the time of my decease or that may
afterwards become due to my Estate and to adjust settle compromise or subject to
arbitration any account or accounts which are or shall be <???> between me or my
Estate and any person or persons whomsoever and to give or allow such reasonable time or
indulgence for the payment of the same debts respectively and in the meantime to accept
and take such securities or assurances for the payment thereof as they in their discretion
shall think fit and as they shall see <???> and that the Trustees and Ex[ecut]ors of
this my Will or any more or additional Trustee to be appointed as aforesaid or any or
either of them their or any or either of their heirs Executors or Adm[inistrat]ors shall
not be charged or chargeable with or accountable for any more of the aforesaid trusts
estates monies and premises than they respectively shall actually <???> or shall
<???> to their respective hands <???> <???> if this my Will
(notwithstanding their <???> or <???> any <???> act or other instrument
for the sake of conformity) nor with or for any loss or diminution in value that shall
happen of the same or any part thereof either by any deposit made thereof for a sale
custody or otherwise so <???> <???> loss happen without their wilful neglect or default nor any one or more of them to the
others or other or for the acts deeds receipts or disbursements of the others or other of
them but each of them for his own acts deeds receipts disbursements and defaults only And also that it shall and may be lawful for them
and each and every of them their and each and every of their heirs Ex[ecut]ors and
Adm[inistrat]ors in the first place by and out of the aforesaid trust estates monies and
premises to deduct retain and reimburse to themselves and each other all such loss costs
charges and expenses as they or any or either of them shall be put unto incur or sustain
for or by reason of the Executorship or Trusts of this my Will or in relation to the said
trust estates monies and premises or the management and execution thereof or any other
thing in any wise relating thereto And I
nominate and appoint the said David Hermitage Day David John Day Thomas Hermitage Day and
David Thomas Alston Executors of this my Will and do revoke and declare void all
former Wills and Codicils by me made In Witness whereof I the said William Alston the
Testator have to this my last Will and Testament contained in nineteen sheets of paper set
my hand & seal that is to say to each of the first eighteen sheets my hand and to this
nineteenth and last sheet my hand and Seal the day and year first above written - Wm
Alston - Signed Sealed published and declared by the said William Alston the Testator as
and for his last Will and Testament in the [presence] of us who in his presence at his
request and in the presence of each other have subscribed our names as witnesses thereto
the several interlineations obliterations and erasures against which we have put the
initial Letters of our names in the margin having been first made and written - D. B.
Lewis Sol[icitor] Rochester - James Lewis Rochester - Chas Dorrett Rochester.
Proved at London the 25th July 1833 before the [Surrogate] by the Oaths of David Hermitage Day David John Day Thomas Hermitage Day and David Thomas Alston the Son the Executors to whom Admon was granted being first sworn (by ?Comon?) duly to Administer.