The Kings Candlesticks - Family Trees
Richard FITZGERALD [7616]
(Abt 1772-1840)
Mary FORD [7621]
(Abt 1781-1833)
Richard ROUSE [7645]
(1774-1852)
Elizabeth ADAMS [7631]
(1772-1849)
Hon Robert FITZGERALD of Sydney M.L.C. [1533]
(1807-1865)
Elizabeth Henrietta ROUSE [4833]
(1818-1863)

Elizabeth Rouse FITZGERALD [76]
(1844-1918)

 

Family Links

Spouses/Children:
1. Surgeon Major William Evelyn ALSTON [75]

Elizabeth Rouse FITZGERALD [76]

  • Born: 5 Oct 1844, Windsor, N.S.W.
  • Christened: 1 Sep 1846, St Matthew Windsor NSW
  • Marriage (1): Surgeon Major William Evelyn ALSTON [75] on 5 Jan 1867 in St John Darlinghurst, N.S.W.
  • Died: 6 Apr 1918, East Cliff House, Sandgate, Kent aged 73
  • Buried: Apr 1918, Folkstone, KEN

bullet   Cause of her death was valvular disease of the heart & cerebral thrombosis.

picture

bullet  General Notes:


On 19th October 1868 she and her husband plus the baby sailed back to England aboard the "Rifleman" taking 96 days via the Cape of Good Hope. Robert Graham was born in 1870 and the following year, 1871 Lila Elizabeth was born. She was followed by Arthur Fawssett in 1872, Ernest Alfred in 1877, and Dora in 1882. She lived in Co. Kent for a number of years and died in Folkestone, Co. Kent, England on 6th April 1918. Elizabeth had been left "Mamre" and in her Will below she left it to her daughter Lila and after her death to her other daughter Doris.
In 1947 "Mamre" was bought by Evan Colin Briarclffe MacLaurin and Emily Ethel MacLaurin (nee Evans). The property was in a bad state of repair and Emily spent over 12,000 on its restoration. During the 1970's the State Government of N.S.W. placed a "notice of resumption" on the property, forbidding the MacLaurin family to spend any more money on the place and if they sold it, the Government were the only people who could buy it. Eventually the family were forced to sell the property to the State Planning Authority. After a number of years the property was restored.

picture

bullet  Other Records

1. Census: England, 2 Apr 1871, Waterton Lodge Milton Rd Woolston Ham. Elizabeth is recorded as a wife aged 26 born New South Wales. Also visiting was Elizabeth's sister Lucy Fitzgerald aged 20 unmarried born NSW

2. Census: England, 3 Apr 1881, Oadby Leicester. Elizabeth is recorded as resident at Broxhills House, aged 35, married (wife), born in NSW Australia.

3. Census: England, 5 Apr 1891, East End House, Sandgate, Kent. Elizabeth is recorded as a wife aged 45 born Australia

4. Death Certificate, 1918. Copy on file 2006



5. Elizabeth Rouse Fitzgerald: Will, 23 Nov 1915.
THIS IS THE LAST WILL AND TESTAMENT of me ELIZABETH ROUSE ALSTON of East Cliffe House Sandgate in the county of Kent Widow of Surgeon Major William Evelyn Alston M.D.
I bequeath to my son William Evelyn Alston my carved oak cabinet my electro silver casket epergne and glass complete one sixth of my silver spoons and forks with the Alston Crest engraved (in Bank) and the Crayon portrait of his Father
I bequeath to my son Robert Graham Fitzgerald Alston my dining room oak table one sixth of my silver spoons and forks with Alston crest engraved (in Bank) six silver tea spoons in case which were a silver Wedding present one silver cream jug one silver pepper grinder an oxydised silver goblet and the family group of his father and Uncles as boys
I bequeath to my daughter Lila Elizabeth Alston my octagon oak table and my oak writing table my silver card case my silver wedding present tea-service complete in case from husband and children with Norwegian spoons one sixth of my silver spoons and forks with Alston crest (in Bank) and gold watch and long gold chain six silver tea spoons George 1st period my jewellery not hereby otherwise disposed of my wedding and engagement rings my diamond gypsy ring and coral ring my gold necklace and locket my landscape by Paul Bril from Broome Park and other pictures and china in drawingroom
I also bequeath to the said Lila Elizabeth Alston absolutely my leasehold property known as East Cliffe House Sandgate free from legacy duty for all the residue which shall be unexpired at,my decease of the term for which the same premises are held subject to the rent reserved by and the covenants and conditions contained in the Lease under which the said premises are held Together with all my furniture fixtures and household effects in about or belonging to the same not here-by or by any codicil hereto otherwise disposed of
I bequeath to my son Arthur Fawsett Alston my old oak clock Crudens Concordance and all Theological books bible and writingdesk which belonged to his late father one sixth of my silver spoons and forks with Alston crest (in Bank) also one soup ladle one gravy spoon and one sauce ladle (Alston crest) my gold watch with short gold chain and one silver pepper grinder mustardnpot and spoon ( Silver wedding present)
I bequeath to my son Ernest Alfred Brooke Alston my two pictures by Gerhard Don The picture " Mandarin" the water-colour " Soldiers" by Orlando Noris " Ship in Storm" sepia "Blowing Bubbles " (reputed Teniers) large pier glass testament Telescope silver salver and two silver butter shells in case two silver table napkin rings Norwegian silver trowel Captain Cooks Voyages one sixth of my silver spoons and forks Alston
Crest (in Bank) also gravy spoon and sauce ladle with Alston crest (in Bank) large silver teapot (old) sugar basin and cream jug also six more table spoons and old sauce ladle one silver tea caddy Military decorations two old oak chairs one ring diamonds and sapphire Also all my shares ( free from legacy duty) in the London County and Westminster Bank I bequeath to my daughter Dora Gladys Oxenden Fawssett nee Alston my silver candlesticks silver tea service complete in box as a wedding present to her one silver Claret jug in case being a silver wedding present to myself one sixth of my silver spoons and forks Alston Crest (in Bank) onyx chain and cross my wedding brooch 1867 necklace diamond and blue enamel diamond and white coral ring Gypsy ruby ring Two fancy cabinets Rose wood picture " Henley on Thames" New Zealand box ( long) large silver mustard pot I direct that all the before mentioned specific bequests shall be free of duty
I give to my son the said Ernest Alfred Brooke Alston the sum of One thousand pounds free of legacy duty And I also give to my said son Ernest Alfred Brooke Alston a further sum of One thousand pounds free of legacy duty in consecuence of his having " Phlebitis" for which there is no cure and which he contracted during the South African War
I give to my General Trustees ( hereinafter named ) the sum of One thousand pounds free of death duties upon trust that they shall invest the same with power from time to time to vary the investments thereof and shall stand possessed of the said legacy of One thousand pounds and the investments thereof upon trust to pay the income thereof to my daughter Dora Gladys Oxenden Fawssett during her life and after her death in trust for all or any the children or child of the said Dora Gladys Oxenden Fawssett who being male attain the age of twenty one years or being female attain that age or marry under that age and if more than one in equal shares I confirm the voluntary Settlement made by me on the sixteenth day of December One thousand nine hundred and fourteen of all my share estate and interest in the Station property known as Dabee Rylstone in the State of New South Wales To the use of my sister Emily Evans during her life and from and after her decease to the use of her son Robert Fitzgerald Evans absolutely I devise my farms houses hereeitaments and lands called " Mamre" and " Powsons" near the Township of Saint Mary's South Creek in the State of New South Wales and all my estate and interest therein unto my general trustees hereinafter named their heirs executors administrators and assigns according to the nature and tenure thereof respectively
As to one equal undivided moiety or halfpart thereof To the use of or in trust for my eldest daughter Lila Elizabeth Alston and her assigns during her life and from and after her death To the use of or in trust for such of her children or issue and in such shares and proportions and with such powers and provisions as she shall by deed or will appoint and in defeult of any and subject to every such appointment to the use of or in trust for such of her children as being sons shall attain the age of twenty one years or being daughters shall attain that age or marry and if more than one as tenants in common in equal shares And if there shall be no such - child then To the uses and upon the trusts hereinafter declared concerning the second as to moiety of the said farms houses heresitaments lands and property And as to such second moiety To the use of or in trust for my daughter Dora Gladys Oxenden Fawssett and her assigns during her life and from and after her death to the use of or in trust for such of eer children or issue and in such shares and proportions and with such
powers and provisions as she shall by deed or will appoint And in default of any and subject to over such appointment To the use of or in trust for such of her children as being sons shall attain the age of twenty one years or being daughters shall attain that age or marry and if more than one as tenants in common in equal shares and if there shall be no such child then upon such trusts as shall correspond with the uses and trusts hereinbefore declared concerning the first mentioned moiety of the said farms houses Hereditaments lands and property I devise and bequeath all the real and personal property whatsoever and wheresoever of or to which I shall be seised possessed or entitled at my decease or over which I shall then Have a general power of appointment or disposition by will ( except the real and personal estate and properte in the State/of New South Wales Victoria Queensland and any other part of the Commonwealth of Australia and in the Dominion of New Zealand hereinafter devised and bequeathed to my Colonial Trustees and except what I otherwise dispose of by this my Will or any codicil hereto unto and to the use of my sons Gilliam Evelyn Alston Arthur Fawssett Alston and my sister Lucy Douglas Hamilton ( hereinafter caller my General Trustees) their heirs executors or administrators respectively on the trusts and with and subject to the powers and provisions hereinafter declared of and concerning the same that is to say Upon trust that my General Trustees shall sell call in collect and convert into money the said real and personal estate and premises at such time or times and in such manner as they shall think fit but as to reversionary property not until it falls into possession unless it shall appear to my General Trustees that an earlier sale would be beneficial and so that they shall have the fullest power and discretion to postpone the sale calling in or conversion of the whole or any part or parts of the said premises during such period as they shall think proper and to retain the same or any part t ereof in its present form of investment without being responsible for loss and so that the income of such of the same premises as for the time being sall remain unsold shall as well during the first year after my death as afterwards be applied as if the same were income arising from investments hereinafter directed to be made of the proceeds of sale thereof and that no reversionary or other property not actually producing income shall be treated as producing income and as to the moneys to arise from the sale conversion and getting in of the residuary estate I direct my general trustees thereout in the first place to pay or retain all the expenses incident to the execution of the trusts of this my Will and my debts and funeral and testamentary expenses other than the debts owing by me in the said States of New South Wales Victoria Queensland or other part of the Commonwealth of Australia or in the Dominion of New Zealand the payment whereof is hereinafter provided for and in the next place to pay every pecuniary legacy bequeathed by this my Will or any codicil hereto and the legacy duties thereon and on the said specific bequests and then to hold the residue of the said moneys hereinafter called " the residuary trust funds" In trust for my six children William Evelyn Alston Robert Graham Fitzgerald Alston Lila Elizabeth Alston Arthur Fawssett Alstcn Ernest Alfred Brooke Alston and Dora Gladys Ozenden Fawssett nee Alston in equal shares as tenants in common
Provided always and I declare that the share of the trust premises which is hereinbefore expressed to be given to each child of mine shall not vest absolutely in such child but shall be retained by my general trustees and held by them upon the trusts hereinafter declared concerning the same respectively that is to say upon trust with the consent in writing of such child if living and of full age and at any other time at the discretion of my general trustees to invest such share in the names of my General Trustees in or upon any of the Public Stocks or funds or Government securities of the United Kingdom or India or any British Colony or dependency or any securities the interest on which is or shall be guaranteed by Parliament or upon freehold or Copyhold leasehold or chattel real securities in Great Britain but not in Ireland such leaseholds or chattels real having not less than sixty years to run at the time of such investment being made or in stock of the Bank of England or Metropolitan Stock or London County Stock or in or upon the debentures debenture stock or guaranteed or preference or ordinary stock or shares of any railway or other company a fixed or minimum rate of interest or dividend on which is guaranteed ( whether absolutely or otherwise) by the Government of India or in or upon the debentures or debenture or rent charge stock of any railway canal dock harbour gas water or other company or body incorporated by special act of the Imperial Parliament or of the legislature of any British Colony or Dependency or by Royal Charter or in or upon the guaranteed or preference stock or shares of any such company as aforesaid which shall have paid dividends upon its ordinary capital at the rate of at least three per centum per annum for at least five years prior to the time of investment of which fact a letter purporting, to be signed by the Secretary of the Company or by a Banker or member of a firm of Bankers or by the Secretary or Manager of a joint stock bank or of any Branch thereof shall be sufficient evidence or in or upon the stocks bonds debentures or securities of any municipality Corporation or District Council public body or local authority in the United Kingdom or in or upon any other stow funds or securities for the time being authorised by law for the investment of trust funds but not in any stocks funds bonds shares or securities to bearer or transferable by mere delivery or delivery and endorsement though coming within the general description of investments hereinbefore authorised and as aforesaid transpose such investments and Shall during the life of such child may with such consent or at such discretion into others of any nature hereby authorised pay the income of his or her share to him or her and so that in the case of a daughter the same shall during coverture be for her separate use without power of anticipation and after the death of each such child shall hold such share and the future income thereof upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such child such remoter issue to be born and take vested interests within twenty one years after the death of such child at such age or time or respective ages or times if more than one in such shares and with such future or other trusts for their benefit and such provisions for their respective advancement either in the lifetime or after the death of such child and maintenance and education at the discretion of my general trustees or any other person or persons and in such manner in all respects as such child shall by any deed or deeds revocable or irrevocable or by will or codicil appoint And in default of and subject to any such appointment in trust for all or any the children or child of such child who being male attain the age of twenty one years or being female attain that age or marry if more than one in equal shares but so that each grandchild of mine taking under this trust shall bring into account the share or shares appointed to him or heror to his or her issue I declare that my general trustees may at discretion apply all or any part of the income of the share to which any minor shall be entitled in expectancy and would if of full age be entitled in possession under the trusts hereinbefore contained for his or her maintenance education or benefit in such manner as they may think fit and shall invest the surplus income (if any) thereof in the investments hereby authorised in Augmentation of the capital of such share I authorise my general Trustees after the death of any child of mine or previously thereto with his or her consent in writing to raise any part or parts not exceeding in the whole a moiety of the then expectant presumptive or vested share of any grandchild of mine in the trust premises under the trusts hereinbefore contained and to pay or apply the same for the advancement or benefit of such grandchild in such manner as my general trustees shall think fit I authorise my general trustees to manage and cultivate any real and leasehold hereditaments for the time being vested in them on the trusts of this my will with all the powers in that behalf of absolute owners including power to cut timber and underwood for sale repair and otherwise and to repair and insure houses and buildings and to make allowances to and arrangements with tenants and others and to accept surrenders of leases and tenancies and may out of the capital or income of the trust premises make any outlay, for the purposes aforesaid I authorise my general trustees to concur with the other persons entitled to or having power in that behalf in relation to any property whether real or personal held in undivided shares in making a partition of such property and that notwitstanding that any of my trustees or a sole Trustee many be entitled to or interested in any of the other shares of the same and may give or receive money for equality of partition and make any such partition upon such terms and conditions as they shall think proper and for the purposes aforesaid may execute and do all such assurances and things as they shall think fit and the property which shall on any such partition be taken by my trustees in severalty and the income thereof shall be held upon and subject to the like trusts powers and provisions so far as applicable as the undivided share or shares for which the same shall be substituted and the income thereof and any sum agreed to be paid for equality of partition may be paid out of my residuary personal estate and any moneys received for equality of partition shall be applied as if the same had arisen from a sale of the said undivided share or shares I devise and bequeath unto the the Perpetual Trustee Company Limited of Sydney in the State of New South Wales and my nephew Robert Fitzgerald Evans of Sydney aforesaid (hereinafter called my Colonial Trustees) All my real and personal estate and effects situate and being at the time of my death in the States of New South Wales Victoria Queensland or any other part of the Commonwealth of Australia or the Dominion of New Zealand (not hereby other-wise disposed of ) expressly including all debts and other choses in action which shall then be recoverable by action or other legal proceedings in such States Commonwealth and Dominion upon the like trusts and subject to the like powers and provisions with respect to the sale conversion and getting in of the same and partition management and leasing until sale as are hereinbefore declared and contained with reference to my general estate and effects hereinbefore devised and bequeath to my General Trustees And I direct that my Colonial Trustees shall stand possessed of the net proceeds arising from the sale conversion and getting in of the said real and personal estate and premises hereinbefore devised and bequeathed to them and of the net rents profits and annual income thereof until conversion after payment thereout of all outgoings and expenses of management and realization or otherwise incurred by my Colonial Trustees and any debts owing by me in the said States Commonwealth and Dominion at my decease upon trust from time to time to remit such net proceeds rents profits and income as and when the same shall be realized or received by them to my General Trustees to be respectively held and applied by my General Trustees upon the trusts and in the manner hereinbefore provided concerning the proceeds of the realization of my general estate and the income thereof re-spectively and so that such net proceeds shall be considered as capital and such rents profits and income shall be considered as income of such general estate And I declare that the receipt of my general trustees and my Colonial Trustees respectively for the purchase moneys of any property hereby directed to be sold or for any other moneys stocks funds shares or securities paid delivered or transferred to them under this my will or any codicil hereto or in the execution of the trusts or powers thereof shall effectually discharge the person or persons paying delivering or transferring the same therefrom and from being concerned to see to the application or being answerable for the loss or misapplication thereof Provided always and I hereby declare that my General Trustees and each of them and my Colonial Trustees and each of them shall be respectively chargeable only for such moneys and securities as they shall respectively actually receive notwithstanding their respectively signing any receipt for the sake of conformity and shall respectively be answerable and responsible only for their own respective acts receipts omissions neglects and defaults and not for those of any other trustee nor of any Banker Broker Auctioneer or other persons with whom or into whose hands any trust moneys or securities shall be deposited or come nor for purchasing or lending on the security of hereditaments with less than a marketable title nor for the insufficiency in title or deficiency in value of any investments nor for any other less unless the same shall happen through their own wilful default respectively And also that the trustees and each of them may reimburse themselves or himself or pay and discharge out of the trust premises all expenses in so incurred in or about the execution of the trusts or powers of this my Will I declare that all the trusts powers authorities and discretion hereby expressed to be vested in or given to my General Trustees by that or any other description shall be vested in and exercisable by the said General Trustees hereby appointed and the survivor of them or other the trustees or trustee for the time being of this my Will and that a sole trustee for the time being shall be competent to act for all purposes and that unless the contrary is expressed or implied by the context any reference herein contained to the Trustees or Trustee hereof shall be deemed to apply to the General Trustees or Trustee and not to the Colonial Trustees I appoint the said Perpetual Trustee Company Limited and Robert Fitzgerald Evans EXECUTORS of this my Will as to the property and premises hereinbefore bequeathed to them and I hereby bequeath a legacy of One hundred pounds free of legacy duty to the said Robert Fitzgerald Evans for his trouble if he shall prove my will
And I appoint the said William Evelyn Alston Arthur Fawssett Alston and Lucy Douglas Hamilton General EXECUTORS of this my will I authorise my acting General Executors or Executor and my trustees for the time being as to my general estate and my acting special executors or executor and my Colonial Trustees for the time being as to my estate in the said State Commonwealth and Dominion upon my estate upon any evidence which they accept any composition or any security real
to pay any of my debts or any claims or he shall think sufficient and to or personal for any debt due to me or
my estate and to allow any time for the payment of such debt as they or he shall think fit and also to compromise compound or submit to arbitration all debts accounts claims or things whatsoever belonging or relating to my estate and for any of the purposes aforesaid to enter into give execute and do such Agreements instruments of compositions releases and things as they or he shall think expedient without being responsible for loss
I authorise my general trustees except as to any property which may for the time being be legally vested in my Colonial Trustees and my Colonial Trustees as to such last mentioned property to determine what articles pass under any specific bequest contained in this my Will or any codicil hereto and whether any monies are to be considered as capital or income and whether any expenses outgoings or other payments ought to be paid out of capital or income and how valuations are to be made or value determined for the purpose of any case of hotchpot or satisfaction or allotment or appropriation or partition or otherwise and to apportion blended trust funds and to determine all questions and matters of doubt arising in the execution of the trusts of this my Will or any codicil hereto And I declare that every such determination whether made upon a question actually raised or implied in the acts or proceedings of my General Trustees or Colonial Trustees respectively shall be conclusive and binding on all persons interested codicil hereto I devise to my Colonial Trustees all under this my will or any freehold hereditaments in the said States Commonwealth and Dominion vested in me at my death as a trustee or Mortgagee subject to the trusts or equities affecting the same respectively I authorise the said Perpetual Trustee company Limited to make their usual charges for work done by them in connection with the carrying out of the trusts of this my will reposed in them
IN WITNESS whereof I the said Elizabeth Rouse Alston have to this my Will contained in this and the nine preceding sheets of paper set my hand this twenty third day of November One thousand nine hundred and fifteen
E. R. ALSTON
Signed by the above named Testatrix as her last Will in the presence of us present at the same time who in her presence and at her request and in presence of each other have hereunto subscribed our names
as witnesses
ARCHIBALD GARDNER Solicitor Folkestone
ALBERT.E.CARLICK Clerk to Messrs Wightwick & Gardner Solicitors Folkestone

On the 15th day of June 1918 Probate of this will was granted to The Reverend Arthur Fawasett Alston and Lucy Douglas Hamilton two of the executors

Alston Elizabeth Rouse of East Cliffe House Sandgate Kent widow died 6 April 1918. Probate London 15 June 1918 to the Rev Arthur Fawssett Alston clerk and Lucy Douglas Hamilton (wife of Aubrey Reginald Douglas Hamilton). Effects L14725 7s 7d
National Probate Calendar.

There are variations with the above in this transcription By S Perrett ?
Will of Elizabeth Rouse Fitzgerald
13 Apr 1914
THIS IS THE LAST WILL AND TESTAMENT of me ELIZABETH ROUSE ALSTON ( nee Fitzgerald)
of East Cliffe House Sandgate in the County of Kent Widow of Surgeon Major William Evelyn Alston M.D.
I BEQUEATH to my son William Evelyn Alston my carved oak cabinet, my electro silver casket epergne and glass complete one sixth of my silver spoons and forks with the Alston crest engraved and the crayon portrait of his father
I BEQUEATH to my son Robert Graham Fitzgerald Alston my dining room oak table one sixth of my silver spoons and forks with Alston crest engraved six silver tea spoons in case which were a Silver Wedding present, one silver cream jug one silver pepper grinder an oxydised silver goblet and the family group of his father and uncles as boys
I BEQUEATH to my daughter Lila Elizabeth Alston my octagon oak table and my oak writing table my silver card case my Silver Wedding present complete (tea service, from husband and children) in case with Norwegian spoons one sixth of my silver spoons and forks with Alston crest and gold watch and long gold chain six silver tea spoons George 1st period my jewellery not hereby otherwise disposed of my wedding and engagement rings my diamond gypsy ring and coral ring my gold necklace and locket my landscape by Paul Bril from Broome Park and other pictures and china in drawing rooms
I ALSO BEQUEATH to the said Lila Elizabeth Alston absolutely my leasehold property known as East Cliffe House Sandgate free from legacy duty for all the residue which shall be unexpired at my decease of the term for which the same premises are held subject to the rent reserved by and the covenants and conditions contained in the lease under which the said premises are held together with all my furniture fixtures and household effects in about or belonging to the same not hereby or by any Codicil hereto otherwise disposed of
I BEQUEATH to my son Arthur Fawssett Alston my old oak clock Crudens Concordance and all Theological books Bible and writing desk which belonged to his late father one sixth of my silver spoons and forks with Alston crest also one soup ladle one gravy spoon and one sauce ladle (Alston crest) my gold watch with short gold chain and one silver pepper grinder mustard pot and spoon (Silver wedding present)
I BEQUEATH to my son Ernest Alfred Brooke Alston my two pictures by Gerhard Don the picture "Mandarin" the water colour "Soldiers" by Orlando Norie "Ship in Storm" (sepia) "Blowing Bubbles" (reputed Teniers) large Pier glass Testament Telescope silver salver and two silver butter shells in case two silver table napkin rings Norwegian silver trowel Captain Cooks Voyages one sixth of my silver spoons and forks with Alston crest also gravy spoon sauce ladle with Alston crest large silver tea pot (old) sugar basin and cream jug also 6 more table spoons and old sauce ladle one silver tea caddy Military decorations, two old oak chairs one ring diamonds and sapphire also all my shares (free from legacy duty) in the London County and Westminster Bank
I BEQUEATH to my daughter Dora Gladys Oxenden Fawssett, nee Alston my silver candlesticks tea service complete in box as a Wedding present to her one silver claret jug in case being a Silver Wedding present (to myself) one sixth of my silver spoons and forks (Alston crest) onyx chain and cross my wedding brooch 1867 necklace diamond and blue enamel diamond and white coral ring gypsy ruby ring two fancy cabinets rosewood picture "Henley on Thames" New Zealand box (long) large silver mustard pot I direct that all the before mentioned specific bequests shall be free of duty
I GIVE to my son the said Ernest Alfred Brooke Alston the sum of 1000 pounds free of legacy duty
I GIVE to my General Trustees (hereinafter named) the sum of 1000 pounds free of death duties upon trust that they shall invest the same with power from time to time to vary the investments thereof and shall stand possessed of the said legacy of 1000 pounds and the investments thereof upon trust to pay the income thereof to my daughter Doris Gladys Oxenden Fawssett during her life and after her death in trust for all or any the children or child of the said Dora Gladys Oxenden Fawssett who being male attain the age of 21 years or being female attain that age or marry under that age and if more than one in equal shares
I DEVISE all my share estate and interest in the Station property known as DABEE RYLSTONE in the State of New South Wales to the use of my sister EMILY EVANS during her life and from and after her decease to the use of her son ROBERT FITZGERALD EVANS absolutely I DEVISE my farms houses hereditaments and lands called "Mamre" and "Pawsons" near the Township of Saint Mary's South Creek in the State of New South Wales and all my estate and interest therein unto my General Trustees hereinafter named their executors administrators and assigns according to the nature and tenure thereof respectively as to one equal undivided moiety or half part hereof to the use of or in trust for my eldest daughter Lila Elizabeth Alston and her assigns during her life and from and after her death to the use of or in trust for such of her children of issue and in such shares and proportions and with such powers and provisions as she shall by deed or Will appoint and in default of any and subject to every such appointment to the use of or in trust for such of her children as being sons shall attain the age of twenty one years of being daughters shall attain that age of marry and if more than one as tenants in common in equal shares AND if there shall be no such child then to the uses and upon the trusts hereinafter declared concerning the second moiety of the said farms houses hereditaments lands and property AND as to such second moiety to the use of or in trust for my daughter Doris Gladys Oxenden Fawssett and her assigns during her life and from and after her death to the use of or in trust for such of her children of issue and in such shares and proportions and with such powers and provisions as she shall by deed or Will appoint AND in default of any and subject to every such appointment to the use of or in trust for such of her children as being sons shall attain the age of twenty one years of being daughters shall attain that age or marry and if more than one as tenants in common in equal shares AND if there shall be no such child then upon such trusts as shall correspond with the uses and trusts hereinafter declared concerning the first mentioned moiety of the said farms houses hereditaments lands and property
I DEVISE AND BEQUEATH all the real and personal property whatsoever and wheresoever of or to which I shall be seized possess or entitled at my decease or over which I shall then have a general power of appointment or disposition by Will except the real and personal estate and property in the States of New South Wales Victoria Queensland and any other part of the Commonwealth of Australia and in the Dominion of New Zealand hereinafter devised and bequeathed to my Colonial Trustees and except what I otherwise dispose of by this my Will or and Codicil hereto unto and to use of my sons William Evelyn Alston and Arthur Fawssett Alston my sister Lucy Douglas Hamilton (hereinafter called my General Trustees) their heirs executors or administrators respectively upon the trusts and with and subject to the powers and provisions hereinafter declared of and concerning the same that is to say UPON TRUST that my General Trustees shall sell call in collect and convert into money the said real and personal estate and premises at such time or times and in such manner as they shall think fit but as to reversionary property not until it falls into possession unless it shall appear to my General Trustees that an earlier sale would and so that they shall have the fullest power and discretion to postpone the calling in or conversion of the whole or any part or parts of the said premises during such period as they shall think proper and to retain the same or any part thereof in its present form of investment without being responsible for loss and so that the income of such of the same premises as for the time being shall remain unsold shall as well during the first year after my death as afterwards, be applied as if the same were income arising from investments hereinafter directed to be made of the proceeds of sale thereof and that no reversionary or other property not actually producing income shall be treated as producing income AND as to the moneys to arise from the sale conversion and getting in of the residuary estate I DIRECT my General Trustees thereout in the first place to pay or retain all the expenses incident to the execution of the trusts of this my Will and my debts and funeral and Testamentary expenses other than the debts owing by me in the said States of New South Wales Victoria Queensland and any other part of the Commonwealth of Australia and in the Dominion of New Zealand the payment whereof is hereinafter provided for and in the next place to pay every pecuniary legacy bequeathed by this my Will or any Codicil hereto and the legacy duties thereon and on the said specified bequests and then to hold the residue of the said moneys hereinafter called "the residuary trust funds" IN TRUST for my six children William Evelyn Alston Robert Graham Fitzgerald Alston Lila Elizabeth Alston Arthur Fawssett Alfred Brooke Alston and Dora Gladys Oxenden Fawssett nee Alston in equal shares as tenants in common PROVIDED ALWAYS and I declare that the share of the trust premises which is hereinbefore expressed to be given to each child of mine shall not vest absolutely in such child but shall be retained by my General Trustees and held by them upon the trusts hereinafter declared concerning the same respectively that is to say upon trust with the consent in writing if such child if living and of full age and at any other time at the discretion of my General Trustees in invest such shares in the names of my General Trustees in or upon any of the Public stocks or funds or Government Securities of the United Kingdom or India or any British Colony or dependency or any securities the interest on which is or shall be guaranteed by Parliament or upon freehold or copyhold leasehold or chattel real securities in Great Britain but not in Ireland such leasehold or chattels real having not less that 60 years to run at the time of such investment being made or in stock of the Bank of England or Metropolitan Stock or London County Stock or in or upon the debentures debenture stock or guaranteed or preference or ordinary stock or shares of any railway or other Company a fixed or minimum rate of interest or dividend on which is guaranteed (whether absolutely or otherwise) by the Government of India or in or upon the debentures or debenture or rent charge stock of any railway canal dock harbour gas water or other Company or body incorporated by special Act of the Imperial Parliament or of the legislature of any British Colony or Dependency or by Royal Charter or in or upon the guaranteed or preference stock or shares of any such Company as aforesaid which shall have paid dividends upon its ordinary capital at the rate of at least three per cent per annum for at least five years prior to the time of investment of which fact a letter purporting to be signed by the Secretary of the Company or by a Banker or member of a firm of bankers or by the Secretary or Manager of a Joint Stock Bank or of any Branch thereof shall be sufficient evidence or in or upon the stock bonds debenture or securities of any municipality Corporation or district council public body or local authority in the United Kingdom or in or upon any other stocks funds or securities for the time being authorised by law for the investment of trust funds but not in any Stocks funds bonds shares or securities to bearer of transferable by mere delivery or delivery and endorsement though coming within the general description of investments hereinbefore authorised and may with such consent or at such discretion as aforesaid transpose such investments into others of any nature hereby authorised and shall during the like of such child pay the income of his or her share to separate use without power of anticipation and after the death of each such child shall hold such share and the future income thereof upon trust for a all or such shall hold such share and the future income thereof upon trust for all or such one or more exclusively of the others or other of the children or remoter issue of such child such remoter issue to be born and take vested interests within 21 years after the death of such child at such age of time or respective ages or times if more than one in such shares and with such future or other trusts for their benefit and such provisions for their respective advancement either in the lifetime or after the death of such child and maintenance and education at the discretion of my General Trustees or any other person or persons and in such manner an all respects as such child shall by any Deed or Deeds revocable or irrevocable or by Will or Codicil appoint AND in default of and subject to any such appointment in trust for all or any the children or child of such child who being male attain the age of 21 years or being female attain that age or marry if more than one in equal shares but so that each grandchild of mine taking under this trust shall bring into account the share or shares appointed to him or her or to his or her issue
I DECLARE that my General Trustees may at discretion apply all or any part of the income of the share to which any minor shall be entitled in expectancy and would if of full age be entitled in possession under the trusts hereinbefore contained for his or her maintenance education or benefit in such manner as they may think fit and shall invest the surplus income (in any) thereof in the investments hereby authorised in augmentation of the capital of such share
I AUTHORISE my General Trustees after the death of any child of mine or previously thereto with his or her consent in writing to raise any part or parts no exceeding in the whole a moiety of the then expectant presumptive or vested share of any grandchild of mine in the trust premises under the trusts hereinbefore contained and to pay or apply the same for the advancement or benefit of such grandchild in such manner as my General Trustees shall think fit I authorise my General Trustees to manage and cultivate any real and leasehold hereditaments of the time being vested in them on the trusts of this my Will with all the powers in that behalf of absolute owners including power to cut timber and underwood for sale repairs and otherwise and to repair and insure houses and buildings and to make allowances to and arrangements with tenants and others and to accept surrenders of leases and tenancies and may out of the capital or income if the premises make any outlay for the purpose aforesaid I authorise my General Trustees to concur with the other persons or persons entitled to or having power in that behalf in relation to any property whether real or personal held in undivided shares in making a partition of such property and that notwithstanding that any of my Trustees or a sole Trustee may be entitled to or interested in any of the other shares of the same and may give or receive money for equality of partition and make such partition upon such terms and conditions as they shall think proper and for the purposes aforesaid may execute and do all such assurances and things as they shall think fit and the property which shall on any such partition be taken by my Trustees in severalty and the income thereof shall be held upon and subject to the like trusts powers and provisions so far as applicable as the undivided share or shares for which the same shall be substituted and the income thereof and any sum agreed to be paid for equality of partition may be paid out of my residuary personal estate and any moneys received for equality of partition shall be applied as if the same had arisen from a sale of the said undivided share or shares
I DEVISE AND BEQUEATH unto the perpetual Trustee Company Limited of Sydney in the State of New South Wales and my nephew Robert Fitzgerald Evans of Sydney aforesaid (hereinafter called my Colonial Trustees) all my real and personal estate and effects situate and being at the time of my death in the States of New South Wales Victoria Queensland or any other part of the Commonwealth of Australia or the Dominion of New Zealand (not hereby otherwise disposed of) expressly including all debts and other closes in action which shall then be recoverable by action or other legal proceedings in such Sates Commonwealth and Dominion upon the like trusts and subject to the like powers and provisions with respect to the sale conversion and getting in of the same and management and leasing until sale herein contained to the Trustees or Trustee hereof shall be deemed to apply to the General Trustees or Trustee and not to the Colonial Trustees.
I APPOINT the said Perpetual Trustee Company Ltd and Robert Fitzgerald Evans executors of this my Will as to the property and premises hereinbefore bequeathed to them and I hereby bequeath a legacy of 100 pounds free of legacy duty to the said Robert Fitzgerald Evans for his trouble if he shall prove my Will
AND I APPOINT the said William Evelyn Alston and Arthur Fawssett Alston and Lucy Douglas Hamilton General Executors of this my Will
I AUTHORISE my acting general executors or executor and my Trustees for the time being as to my general estate and my acting special executors or executor and my Colonial Trustees for the time being as to my estate in the said States Commonwealth and Dominion to pay any of my debts or any claims upon my estate upon any evidence which they or he shall think sufficient and to accept any composition or any security real or personal for any debt due to me or my estate and to allow any time for the payment of such debt as they or he shall think fit and also to compromise compound or submit to arbitration all debts accounts claims or things whatsoever belonging or relating to my estate and for any of the purposes aforesaid to enter into give execute and do such agreements instruments of composition releases and things as they or he shall think expedient without being responsible for loss I AUTHORISE my General Trustees except as to any property which for the time being be legally vested in my Colonial Trustees and my Colonial Trustees as to such last mentioned property to determine what articles pass under any specific bequest contained in this my Will or any Codicil hereto and whether any monies are to be considered as capital or income and how valuations are to be made or value determined for the purpose of any case of hotchpot or satisfaction or allotment or appropriation or partition or otherwise and to apportion blended trust funds and to determine all questions and matter of doubt arising in the execution of the trusts of this my Will or any Codicil hereto
AND I DECLARE that every such determination whether made upon a question actually raised or implied in the acts or proceedings of my General Trustees or Colonial Trustees respectively shall be conclusive and binding on all persons interested under this my Will or any Codicil hereto I DEVISE to my Colonial Trustees all freehold hereditaments in the said States Commonwealth and Dominion vested in me at my death as a Trustee or Mortgagee subject to the trusts or equities affecting the same respectively
IN WITNESS whereof I the said Elizabeth Rouse Alston have to this my Will contained in this and E.R.Alston the preceding 8 sheets of paper set my hand this thirtieth day of April one thousand nine hundred and fourteen.
Elizabeth Rouse Alston.
Signed by the above named Testatrix as her last Will in the presence of us present at the same time who in her presence and at her request and in the presence of each other have hereto subscribed our names as witnesses.
Archibald Gardener, Solicitor, Folkestone. William W Nevison, Clerk with Messrs Wightwick & Gardner, Solicitors, Folkestone.




picture

Elizabeth married Surgeon Major William Evelyn ALSTON [75] [MRIN: 22], son of Rev George Downing ALSTON [68] and Anne Charlotte OXENDEN [69], on 5 Jan 1867 in St John Darlinghurst, N.S.W. (Surgeon Major William Evelyn ALSTON [75] was born on 29 Oct 1835 in Clontarf, Dublin, Leinster, Ireland, christened on 21 Apr 1836 in Clontarf, Dublin, Leinster, Ireland, died on 19 Oct 1896 in East Cliff House, Sandgate, Kent and was buried in Oct 1896 in New Cemetery Sandgate..)

bullet  Noted events in their marriage were:

1. Marriage Certificate: copy on hand, 1867.


Copyright © and all rights reserved to Edward Liveing Fenn and all other contributors of personal data. No personal data to be used without attribution or for commercial purposes. Interested persons who wish to share this data are welcome to contact edward@thekingscandlesticks.com to arrange same and be given the details.


Home | Table of Contents | Surnames | Name List

This Website was Created 23 Jul 2020 with Legacy 9.0 from MyHeritage; content copyright and maintained by edward@thekingscandlesticks.com