Eliza Tabitha ALSTON [3874]

  General Notes:

Marriages.
Ling - Alston. 13th inst., at Skeyton Rectory, Norfolk, b
y the Rev H. E. Rackham, assisted by the Rev T. W. Anderson, Rector, Frederick G. Ling, third son of J. M. Ling, Esq, of Saxmundham, to Eliza Tabitha (Tibbie) eldest daughter of the late Rev E. C. Alston, rector of Dennington, Suffolk.
Ipswich Journal 16 December 1876.

This Indenture made the 12th day of December 1826 between an Eliza Tabitha Alston late Framlingham in the County of Suffolk but now off Skeyton in the County of Norfolk spinster of the first part, Frederick Gaskell Ling of Framlingham aforesaid gentlemen of the second part and Edward Henry Freeborn Alston of Dennington in the said County of Suffolk gentleman and Thomas Hanworth Rackham off the County of the city of Norwich gentlemen of the third part whereas a marriage is agreed upon and is intended to be shortly had and solemnised between said Eliza Tabitha Alston and Frederic Gaskell Ling and whereas there is now due and owing to the said Eliza Tabitha Alston from the said Edward Henry Freeborn Alston together with certain other monies not the subject of these presents the sum of 1000 pounds sterling being money advanced and lent by the said Eliza Tabitha Alston to the said Edward Henry Freeborn Alston and for securing the payment of the said sum of 1000 pounds said Edward Henry Freeborn Alston by a certain bond or deed poll under his hand and and seal dated the 12th day of December instant obliged himself to pay to the said Eliza Tabitha Alston the sum of 2000 pounds and under the said bond is written a condition for making void the same if the said Edward Henry Freeborn Alston his heirs executors or administrators should pay unto the said Eliza Tabitha Alston her executors administrators or assigns the sum of 1000 pounds with interest therefore at the rate of five pounds per cent per annum on the 12th day of July thence next ensuing and upon the treaty for the said intended marriage it has been agreed that the said bond and the principal and interest money is intended to be thereby secured should be assigned and settled in manner hereinafter appearing.
Now this Indenture witnesseth that in pursuance of the said recited agreement and in consideration of the said intended marriage she said Eliza Tabitha Alston (with the privity and consent of the said Frederick Gaskell Ling) doth hereby bargain sell transfer and set over unto the said Thomas Hanworth Rackham his executors administrators and assigns all that the said bond or deed poll under the hand and seal of the said Edward Henry Freeborn Alston and dated the 12th day of December instant and also the said sum of 1000 pounds intended to be thereby secured and all interest henceforth to grow due for the same and the full benefit of the said bond and all the estate right title interest claim and demand of her the said Eliza Tabitha Alston in and to the same premises together with power in the name of the said Eliza Tabitha Alston her executors or administrators or otherwise to demand sue for recover and give valid receipts for the said principle money and interest. To have and to hold the said bond principle money and interest and all other the premises here assigned unto the said Thomas Hanworth Rackham his executors administrators or assigns upon trust that he or they do and shall at the request in writing during the joint lives of said Eliza Tabitha Alston and Frederic Gaskell Ling and after the decease of either of them then of the other of them during her or his life and after the decease of the survivor of them then at the discretion of the said Thomas Hanworth Rackham his executors administrators or assigns call in recover and receive the said principle sum of 1000 pounds and the interest thereof intended to be secured by hereinbefore mentioned or recited bond as aforesaid and do and shall pay the amount when recovered and received to or otherwise place the same in the names of all under the joint control of the said Edward Henry Freeborn Alston and Thomas Hanworth Rackham or trustees or trustee for the time being of these presents and in the meantime and until the same shall we realised and received as aforesaid do and shall stand possessed of and interested in the said bond principle sum and interest upon and for the same or the like trusts and purposes as hereinafter declare of and concerning the said sum of 1000 pounds and the income thereof after the same shall have been realised as aforesaid an it is here by agreed and declared that the said Edward Henry Freeborn Alston and Thomas Hanworth Rackham and or the survivor of them his executors or administrators or other the trustees or trustee for the time being of these presents shall stand possessed of and interested in the said sum of 1000 pounds and interest intended to be secured by the hereinbefore recited or mentioned bond after the same shall be realised and received as aforesaid (which said sum and the investments thereof for the sake of brevity hereinafter referred to as the said "fund") upon trust until solemnisation of the said intended marriage for the said Eliza Tabitha Alston her executors administrators and assigns and after the said intended marriage shall be solemnised then upon trust that they the said trustees or trustee do and shall pay the income which during the life of the said Eliza Tabitha Alston show arise from the said fund into her hands for her sole and separate use but so always as that she shall not while under overture by any means deprive herself by anticipation of the benefit of such income or any part thereof and after her decease do and shall pay the income which thenceforth during the life of the said Frederick Gaskell Ling shall arise from the said fund unto or otherwise permit and authorise the same to be received by him the said Frederick Gaskell Ling or his assigns and subject to the several trusts aforesaid to and shall hold the said fund and the income thereof upon and for such trusts and purposes being before the benefit of all or some or more exclusively of the others or other of the issue of the said intended marriage whether children or remoter descendants to be born before the decease of the survivor of them the said Eliza Tabitha Alston and Frederic Gaskell Ling as they the said Eliza Tabitha Alston and Frederic Gaskell Ling jointly shall by any deed or deeds revocably or irrrevocably appoint and in default of such joint appointment and so far as no such appointment shall extend as the survivor of them the said Eliza Tabitha Alston and Frederic Gaskell Ling shall by any deed or deeds revocably or irrevocably or by her or his last Will and Testament or any codicil or codicils thereto appoint and in the meantime and until and also in default of any such joint or sole appointment as aforesaid and so far as no such appointment shall extend and subject as aforesaid In trust for all the children of the said intended marriage who either when this trust first takes effect in possession or afterwards being of the male sex shall attain the age of 21 years or on dying under that age leave lawful issue or being of the female sex shall attain the age of 21 years or marry to be divided among or between such children if more than one in equal shares as tenants in common and if but one in trust for such one or only child absolutely and if there shall not be any such child as is described in the trust last hereinbefore declared then subject as aforesaid upon and for such trusts and purposes as the said Eliza Tabitha Alston whether covert or sole shall by her last Will or any codicil or codicils thereto appoint and in default of such appointment and so far as no such appointment shall extend and subject as aforesaid upon the alternative trusts following (that is to say) if the said Eliza Tabitha Alston shall survive the said Frederick Gaskell Ling then in trust for her the said Eliza Tabitha Alston her executors administrators or assigns absolutely for her sole and separate property but if she shall die in the lifetime of the said Frederick Gaskell Ling then in trust for such person or persons as at the time of her decease would as her next of kin in blood have become entitled to her personal estate under the statutes for the distribution of the effects of intestates if she had died a spinster and intestate and such persons if more than one to take in the shares and manner in which they would have become entitled to such personal estate. Provided always and it is here by agreed and declared that no child of the said intended marriage who or whose issue shall take any part or share of the said fund under or by virtue of any appointment to be made by the said Eliza Tabitha Alston and Frederic Gaskell Ling or the survivor of them as hereinbefore is authorised shall take or be entitled to any further part or share of the same fund without bringing such appointed part or share into hotchpot and accounting for the same accordingly. Provided also and it is hereby further agreed and declared that subject and without prejudice to any such appointment as aforesaid
to The contrary it shall be lawful for the trustees or trustee for the time being of these presents
at any time or times after the decease of the survivors of them the said Eliza Tabitha Alston and Frederic Gaskell Ling or at any earlier time or times with the consent in writing of them or the survivor of them to apply either personally or vicariously all or any part of the income or if the said trustees or trustee so deem expedient in a part or parts not exceeding one half of the capital or principle of the expectant or presumptive share or portion for the time being under the trusts aforesaid of each or any child of the said intended marriage of or in the said fund for or towards the maintenance and education or preferment or advancement in the world of the same child or otherwise for his or her benefit in whatever manner the said trustees or trustee shall think fit and it is hereby agreed and declared that it shall be lawful for the trustees or trustee for the time being of these presents to invest in their or his name or names any uninvested money is for the time being constituting or being part of the said fund and such if any of the income thereof as it shall from time to time be necessary or convenient to invest for safe custody accumulation or otherwise in or upon one or more of the several investments all securities following (that is to say) the Parliamentary stocks or public funds of Great Britain (not being determinable anuities) government or municipal securities of the United Kingdom government or municipal securities of any of the British colonies or possessions stock of the governor and company of the Bank of England East India a stock of any class or description of a stock off or shares fully paid-up in the capital of any company or companies incorporated by the law of Great Britain and Ireland for making or carrying on railways canals or other similar undertakings bonds debentures or mortgages granted or issued by any such company or companies and mortgagors of freehold copyhold or leasehold estates whether consisting of lands and buildings or buildings only in England and Wales or Ireland (such leasehold estates not having less than 60 years unexpired) with such titles and evidence of title and value as regards all or any of such investment as aforesaid as the said trustees or trustee shall consider it reasonable to accept under all the circumstances attending each particular case and without their or his incurring any responsibility by reason of any insufficiency of the title to or value of any such investment or security and it shall also be lawful for them or him from time to time to alter and transpose all or any of the stocks funds shares or securities to be acquired under the present power for investment and transposition of any public security or either of them as they or he shall think fit yet so always as that every investment upon any private security and in free change or transposition of any public security shall be during the lives of the said Eliza Tabitha Alston and Frederic Gaskell Ling and the life of the survivors of them be made with their her or his consent in writing.
Provided also and it is hereby further agreed and declared that notwithstanding anything herein to the contrary contained it shall be lawful for the trustees or trustee for the time being of these presents at any time or times during the joint lives of the said Eliza Tabitha Alston and Frederic Gaskell Ling with their consent in writing or after the decease of either of them with the consent of each other during her or his life to lay out all or any part of the said fund in the purchase of any freehold or copyhold messuage or dwellinghouse or other hereditaments whether convenient to be held therewith or otherwise holden in possession for an unexpired term of 60 years or upwards and respectively situate in England or Wales which hereditaments if so purchased shall respectively be assured unto the said trustees or trustee and their or his heirs executors administrators and assigns respectively and be held by their or him respectively in trust in the meantime and until the same shall be sold as hereinafter directed to let and demise the same respectively or suffer the equitable tenant for life thereof under these presents to have the use or possession and occupation thereof without being responsible for in the act of waste to be done or suffered by him or her while in such use or possession or occupation or otherwise to manage the same as occasion may from time to time require yet so that during the life of the said Eliza Tabitha Alston every such letting or demising shall be made with her previous consent and to apply the rents and profits of the same hereditaments respectively as the interest or other income of the money laid out in the purchase thereof would have been applicable under the trusts and powers hereinbefore declared in case such purchase had not been made and upon trust that the same trustees or trustee for the time being shall with the consent in writing of the said Eliza Tabitha Alston and Frederic Gaskell Ling during the joint lives and after the decease of either of them then of the other of them during her or his life and after the decease of the survivor then at the discretion of such trustees or trustee sell and dispose of the same hereditaments either by public auction or private contract under such conditions and in such manner as shall by them or him be deemed most expedient with full power for them or him from time to time to buy in the same or any of them when offered to public sale and upon such terms as they or he may think fit to rescind or vary any contract or contracts for the sale of thereof without being responsible for any loss or diminution of price to arise by any of the acts or proceedings thereby authorised. And it is hereby agreed and declared that the moneys produced by such sale or sales as last aforesaid after payment thereout of all incidental costs and expenses shall be held and applied by the trustees or trustee for the time being of these presents upon the same trusts and with the same powers as the money originally laid out as aforesaid in the purchase of such hereditaments was subject to before such purchase was made or would have been subject to if the same had not been made. It being for such purpose hereby declared that all hereditaments of freehold or copyhold tenure to be purchased and held under the present power shall be considered as money or personal estate so that the trust property may always continue of the same nature and quality and be transmissible accordingly and it is hereby declared that it shall be lawful for the said trustees or trustee for the time being out of any money coming to their or his hands in that capacity to reimburse themselves or himself all costs disbursements and expenses which they or he shall incur or be put unto in or about the execution or attempt to execute the trust and powers hereby declared and created or any of these and lastly the said Eliza Tabitha Alston is hereby nominated to be during her life and after her decease the said Frederick Gaskell Ling is hereby nominated to be during his life a person by whom the statutory power of appointing from time to time or on at any time new trustees or a new trustee of these presents shall be exercisable it being hereby declared that upon any exercise of the said statutory power the number of the trustees of these presents may be augmented.
In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above witnessed
Eliza Tabitha Alston
Frederick G. Ling
Edward H. F. Alston
Thomas Hanworth Rackham
Document stamped for duty dated 10.1.77

  Research Notes:

Images Courtesy P R Steward 2003

  Other Records

1. Eliza Tabitha Alston: Will, 1 Jul 1902, Framlingham SFK.
Extract from the Will of Mrs Eliza Tabatha Ling.
1 July 1902
F G Ling Framlingham. Sol.
This is the last will and Testament of me Eliza Tabatha Ling the wife of Frederick Gaskell Ling of Framlingham in the County of Suffolk whereas by the will of my late father the Rev Edward Constable Alston¹ who died on the 28th day of March 1871 and whose will with a codicil thereto was proved in the Ipswich district registry of the court of probate on the 26th day of May 1871 a certain part a share of the funds comprised in the settlements made by William Rackham and the said Edward Constable Alston resply upon all with reference to the marriage of the said Edward Constable Alston with his late wife Harriet or in the property left by the said William Rackham at his decease or comprised in the settlement on his marriage and also a certain part or share of the monies to arise from the sale calling in or conversion of certain real or personal estate of the rents profits and annual income of the same premises (subject to the life interest in part thereof of my said late father's widow Anne Maria Alston) were devised bequeathed and limited upon trust for me for life for my separate and inalienable use and after my decease subject to any exercise of the thrinar mentioned powers to appoint to and intended or surviving husband in trust for all and every or such one or more exclusively of the others or other of my children or issue as I whether covert or sole shall by will appoint and in default of and subject to any such appointment then for my children who should either in my lifetime or afterwards as to a son or sons attaining the age of 21 years or as to daughters or daughter attaining that age or marry in equal shares if more than one but if there shall be no such child then in trust for such persons or person as I should whether covert or sole and as well before as after the event on which the power now in recital should have arisen by will appoint And further paver was given to me by my said late father's will by any deed to appoint that after my decease the income of my shares should be paid to any husband with whom at the time of the appointment I might be about to marry for his life or any less period And also whether I should have exercised that power or not by my will to appoint that the income of my share should be paid to any husband who might survive me for his life or any less period And whereas my said late father's widow the said Anne Maria Alston died on or about the 19th day of October 1900 And whereas under the settlement made in contemplation of my marriage (afterwards duly solemnised) with my said husband by Indenture dated the 12th day of December 1876 a certain upon for £1000 and the principal and interest monies thereby secured and to be received thereunder were settled upon trust for me and my said husband successively for life and subject thereto upon and for such trusts and purposes being for the benefit of all or some or more exclusively of the others or other of the issue of the then intended marriage whether children or remoter descendants to be born before the decease of the survivor of us my said husband and myself as we jointly should by any deed or deeds revoke a plea or unremarkably appoint and in default of such joint appointment and so far as no such appointment shall extend as the survivor of us should by any deed or deeds revoke ugly or unremarkably or by her or his last will and Testament or any codicil or codicil is there to appoint And in the meantime and until and also in default of any such joint or Sole appointment as aforesaid and so far as no such appointment shall extend and subject as aforesaid In trust for all the children of the said then intended marriage who either when that trust should first take effect in possession or afterwards being of the male sex should attain the age of 21 years or dying under that age leave lawful issue or being of the female sex should attain the age of 21 years or marry to be divided among or between such children if more than one in equal shares as tenants in common and left by one in trust for such one or only child absolutely and if there should not be any such child as was described in the trust last therein before declared then subject as aforesaid upon and for such trusts and purposes as I should whether covert or sole by my last will or any codicil or codicil is there to appoint and in default of such appointment and so far as no such appointment should extend and subject as aforesaid upon certain alternative trusts therein mentioned And it was by the indenture now in recital declared that subject and without prejudice to any such appointment as aforesaid to the contrary it should be lawful for the trustees or trustee for the time being of the said indenture at any time or times after the decease of the survivor of me and my said husband or at any earlier time or times with the consent in writing of us or the survivor of us to apply either personally or vicariously if the said trustees or trustee deemed expedient any part or parts not exceeding one half of the capital or principal of the expectant or presumptive share or portion for the time being under the trusts aforesaid of each or any child of the said then intended marriage of or in the settled property for or towards the maintenance and education or preferment or advancement in the world of the same child or otherwise for his or her benefit in whatever manner the said trustees or trustee shall think fit And whereas the principal sum of £772 18s 4d only was realised by the said bond so settled by the said recited indenture as aforesaid And whereas I have three children now living videlicet Gerald Alston Ling who has attained the age of 21 years Hubert Frederic Ling now of the age of 17 years or thereabouts and Marjorie Ling now the age of 14 years or thereabouts And whereas certain parts of their expected or presumptive shares have been applied towards the education or advancement of the said gerund Alston Ling and Hubert Frederic Ling under the said power of advancement in that behalf continued in the hereinbefore recited indenture now in exercise of the powers for this purpose given to me by the said will of my said late father and of every or any other power in anywise enabling me in this behalf I do buy this my will appoint that all and singular the trust estate monies and premises by the said will limited in trust for me my children and issue and over which I have such power of appointment as aforesaid shall from and after my decease remain and be and that the trustees or trustee for the time being of the same will shall stand possessed thereof upon trust and to the intent that the income thereof may be paid to my said husband Frederic Gaskell Ling in case he shall survive me and to his assigns during his life and that from and after his decease the same trust estate monies and premises shall remain and be as followsvidelicet as to £1000 part thereof in trust for my said son gerund Alston Ling for his own benefit but if he shall not be living at the time of the decease of the survivor of my said husband or me then in trust for such child or children of his as shall be living at such time and who shall then have attained or shall thereafter attain the age of 21 years and if more than one equally between them And as to £1000 further part of the said trust estate monies and premises in trust for my said son Hubert Frederic Ling if and when he shall attain the age of 21 years but if he shall not be living at the time of the decease of the survivor of my said husband and me or surviving us shall not attain the age of 21 years then in trust for such child or children of his as shall be living at the time of the decease of the survivor of my said husband and me and who shall then have attained or shall thereafter attain the age of 21 years and if more than one equally between them and as to the residue or remaining part of the same trust estate monies and premises in trust for my said daughter Marjorie Ling if and when she shall attain the age of 21 years or marry Provided always and I declare and appoint that if at the time of the decease of the survivor of my said husband and me my said daughter shall not be living or shall afterwards die under the age of 21 years and unmarried then the trust estate monies and premises to which under the appointment or trust in that behalf hereinbefore continued she would have been entitled if she had survived me and my said husband and attained the age of 21 years or married shall from and after the decease of the survivor of my said husband and me remain and be held for all and every the children and child (if any) of the said Marjorie Ling living at the decease of the survivor of my said husband and me who being sons or a son shall attain or have attained the age of 21 years or being daughters or daughter shall attain or have attained that age or shall marry or have married under that age and if more than one in equal shares And in exercise of the powers for this purpose given to me by the said indenture of settlement in the event of my surviving my said husband and of all other powers me here unto enabling I hereby direct and appoint that the trustees or trustee for the time being of the said indenture shall after the decease of the survivor of me and my said husband stand possessed of all the hereitements monies stocks funds and securities for the time being subject to the trusts of the said indenture and the rents profits income thereto hereinafter called "the trust property here by appointed" in trust for my said daughter Marjorie Ling if she shall attain the age of 21 years or marry Provided always and I declare and appoint that in case my said daughter Marjorie Ling shall not be living at the time of the decease of the survivor of me and my said husband or shall afterwards die under the age of 21 years and unmarried the trust property here by appointed to which under the appointment or trust in that behalf hereinbefore continued she would have been entitled if she had survived us and had attain the age of 21 years or married shall from and after the decease of the survivor of us remain and be held for all and every the children and child (if any) of the said Marjorie Ling living at the decease of the survivors of my said husband and me who being sons or a son shall attain or have attained the age of 21 years or being daughters or a daughter shall attain or have attained that age or shall marry or have married under that age and if more than one in equal shares And I declare (but merely as an expression of my wishes and not so as to create any legal trust or obligation by virtue of the doctrine of election in equity or otherwise) that it is my earnest desire that if my said daughter Marjorie Ling shall marry and shall previously have acquired or shall by such her marriage acquire a vested interest in the trust estate monies funds and premises settled respectively by the hereinbefore recited will of my said late father and by the said settlement made on me marriage or either of them or in any way share or portion or shares or portions of the said settled premises respectively under the appointment or trusts respectively in that behalf hereinbefore contained a proper and reasonable settlement thereof be executed for the benefit of my said daughter her husband or intended husband and issue and whereby in default of issue and subject to her husband's life interest the eventual return of such property of my said daughter to and for the benefit of her own family may be provided for and That I give all income which may be owing to me at my death including the proportionate part belonging to my estate of the income of the said respective settled trust estate monies funds and premises for the current half or period of the year in which my death happens and all the personal estate and effects which at my decease shall belong to me for my separate use unto my said husband absolutely.
I appoint my said husband my said son gerund Alston Ling and my said son Hubert Frederic Ling (when he shall attain the age of 21 years) and my brother the Rev Frank Simpson Alston to be executors of this my will here by revoking all Wills and testamentary dispositions heretofore made by me . . . . .
Origional of these documents with Philip Steward 2003.
1. This Will equally verbose is transcribed on his file 2017.

2. Eliza Tabitha Alston: Will, 1 Jul 1902, Framlingham SFK.
Part 2

3. Eliza Tabitha Alston: Will, 1 Jul 1902, Framlingham SFK.
Part 3

Eliza married Frederic Gaskell LING [3875] [MRIN: 1333], son of Dr John Mitford LING [34257] and Mary Anne PALLANT [35195], on 13 Dec 1876 in Skeyton Rectory NFK. (Frederic Gaskell LING [3875] was born circa 1849 in Saxmundham SFK and died on 3 Nov 1934 in Framlingham SFK.)