David Thomas ALSTON [3984]

  General Notes:

David was from Cheyney Rock, Isle of Sheppey Kent, and Savage Gardens. He owned oyster fisheries and is said to have been beneficent with the wealth he amassed from these.

Pigots Directory 1839
Alston David Thomas - Oyster Merchant 15 Savage Gardens.

London P. O. Directory 1843
Alston David Thomas merchant 15 Savage Gdns Tower Hill

Green & others v Alston & others.
This was an action brought against the late Mr Alston & others by the night oyster meters of the corporation of London for payment of 265L 12s for work at Billingsgate & Hungerford Markets in 1852/53/54 of meting, landing, & unloading shellfish.
In 1852 Mr Alston had set his face against the claim of the night meters, he had in fact paid the day meters a parallel group working different hours who had established a claim to the payment. Counsel for the defendants described the plaintiffs claim as an usurpation, inspite of the night oyster meters claim of a long and established right and privilage for which they had paid large fees.
The jury retired for half an hour and then returned a general verdict for the defendants.
Extracted from The Times 10 Dec 1857 pg 10 col f

Died 28 Nov. 1855 aged 56 David Thos. Alston Esq. of Savage Gardens and owner of the extensive Cheyney Rock Oyster Fishery Isle of Sheppey. A man of great wealth, he employed it to the benefit of all about him. He married. a niece of Mr. Alderman Harmer.
Gent's Mag.

Kent Archives (U487) have a publication on land holdings and an oyster fishery, owned by the Alston family at Birchington Kent. (IGI Library)

Essex Record Office
Southend Branch transcripts
DEEDS OF FORESHORE AND SEA GROUNDS AT SOUTHEND
Reference Code TS 113/49
Dates of Creation 28 February 1843
Scope and Content Memorandum of Agreement Dan. Robert Scratton of Milton Hall in Prittlewell and David Thomas Alston of Chalkwell near Sittingbourne (co Kent), esqs Scratton to let to Alston two pieces of sea ground belonging to manor of Milton Hall, lying principally between Mill Gut and the Pier Hardway, and marked with beacons, from year to year at an annual rent of L50, for the sole purpose of laying oysters thereon Signatures of both parties Witness: M. Comport [soir], Rochford [For photocopy, see TS 124]

Essex Record Office
Southend Branch transcripts
COPY OF AGREEMENT RELATING TO LETTING OF PIECES OF SEA GROUND IN PRITTLEWELL
Reference Code TS 124/1
Scope and Content Photocopy of Memorandum of agreement between Daniel Robert Scratton of Milton Hall in Prittlewell and David Thomas Alston of Chalkwell near Sittingbourne (co. Kent) both esq., relating to letting of two pieces of sea-ground belonging to the manor of Milton Hall, 28 Feb. 1843 For calendar of series of deeds of which this memorandum forms part, see TS 113

Court of Chancery: Six Clerks Office:
Pleadings 1801-1842 C 13/455/22
Alston v Alston. Bill and two answers. [MRFA Two bills].
Plaintiffs: David Thomas Alston. Defendants: David Alston
Date: 1842.
Source: The Catalogue of The National Archives
To search

Law Report
Rolls Court Chancery Lane Friday, July 8
Alston V. Alston
This cause again came on upon motion. The parties were brothers, the plaintiff David Thomas, and the defendant David, Alston. Their father William Alston of Rochester who died in May 1833 by his will of April 21 preceding, devised his freehold lands, grounds, sea-shore, and fishery, called Cheyney Rock, in Minster, in the Isle of Sheppey, Kent, and all his lands, ground, soil, and fisheries, as to one moiety, to the use of his son David Thomas, the plaintiff, for life, with the remainder over; and as to the other moiety, to the use of his son, the defendant for life with remainder over for their respective families. The two brothers continued their father's business of oyster merchants in equal moieties, and entered into articles of partnership, which were dated April 1835. Disputes arose, the bill for a dissolution was filed, and the present motion was by the plaintiff for a reference to the Master to appoint a receiver to get in the debts, to appoint a manager to manage the oyster grounds, and to dredge and carry to market the stock of oysters until the partnership affairs were wound up, to employee the vessels, craft, and implements for that purpose, to pass their accounts, and to pay the balance into court. The case was argued at length by Mr Pemberton and Mr Wilcock for the plaintiff and by Mr Turner and Mr Bacon for the defendant. The Bill was originally filed to have the partnership dissolved, but was afterwards amended to have it declared that by the effect of the notice given by the plaintiff the partnership was dissolved. The articles declared, that if either party should be desirous to determine the partnership, it should be lawful to do so upon giving a notice in writing, and thereupon the same should be immediately dissolved. The plaintiff on the third of February last served the defendant with notice of dissolution. It was stated by the defendant to be necessary for carrying on the business that a stock of oyster spat or brood oysters, should be deposited upon the grounds that they might there grow and fatten, and be rendered in due time marketable; and that the neglecting such deposit at the proper season would be, not only to lose the profit, but to diminish the value of the grounds; and that the season for doing this began in February, and continued until the end of May. When the plaintiff gave his notice this season had begun; and the defendant, to preserve the common property, was desirous that the process should go on, but the plaintiff refused to allow it.
For the plaintiff it was stated, that he had no confidence in the defendant's management, but insisted upon the dissolution according to the terms of the articles; and the employment of the partnership funds in depositing oyster spat upon the grounds was complained of; and it was urged that when the notice of dissolution was given on the third of February 8 time when no inconvenience could arise and before the expense of stocking the ground was incurred, the defendant refused to concur with measures for winding up the concern.
Lord Langdale said, the parties were brothers. The situation of the property was peculiar, and their trade was very extensive. If there was a refusal to act upon the plain directions of the deed of partnership, he must grant the motion. A reference to the Master would amount in fact to a decree; but it would not be very much area will weather the order he made should be dated now or on next Tuesday. What the defendant had probably expended for the joint benefit ought to be repaid. Let the cause be mentioned on Tuesday
Mr Turner requested the liberty for the defendant to propose himself as manager.
Mr Pemberton objected
Lord Langdale said the rule was not to allow it.
The Times: Saturday Jul 9 1842.

Court of Chancery: Six Clerks Office:
Pleadings 1801-1842 C 13/455/22
Alston v Alston. Bill and two answers. [MRFA Two bills].
Plaintiffs: David Thomas Alston. Defendants: David Alston
Date: 1842.
Source: The Catalogue of The National Archives

Law Report.
Rolls Court, Westminster, Monday, June 12.
Alston v Alston.
Mr Pemberton Leigh (and Mr Wilcock with him) said that William Alston the late father of the plaintiff, David Thomas Alston, and the defendant, David Alston, devised his oyster grounds on Cheyney Rock, in the Isle of Sheppey and other grounds, to the plaintiff and defendant, absolutely between them, with his boat's craft etc. He died in 1833. In April 1836, the two brothers executed a partnership deed, by which it was provided that the partnership should, upon notice, be immediately dissolved. Differences arose, and notice was given in February, 1842, so it became necessary to have the account is taken and a division made. The deed provided that where an equal division of the oyster beds could not be made a rent should be paid by the party retaining the most valuable portion. A design of division could not be made, because, when the wind was high, the oysters were driven in shoals.
Lord Langdale: Was the chance equal, or did the wind blow oftener one way.
Mr Pemberton Leigh: It blew more one way. Neither party derived a sale. The plaintiff prayed for a declaration that the partnership was dissolved by the notice, that the properly should be divided according to the terms of the deed, to each partner in severality, and for a reference to the Master.
Mr Turner appeared for the defendant.
Lord Langdale made the decree, reserving further directions.
The Times 13 June 1843.

Essex Record Office
Southend Branch transcripts
DEEDS OF FORESHORE AND SEA GROUNDS AT SOUTHEND
Reference Code TS 113/49
Dates of Creation 28 February 1843
Scope and Content Memorandum of Agreement Dan. Robert Scratton of Milton Hall in Prittlewell and David Thomas Alston of Chalkwell near Sittingbourne (co Kent), esqs Scratton to let to Alston two pieces of sea ground belonging to manor of Milton Hall, lying principally between Mill Gut and the Pier Hardway, and marked with beacons, from year to year at an annual rent of L50, for the sole purpose of laying oysters thereon Signatures of both parties Witness: M. Comport [soir], Rochford [For photocopy, see TS 124]

Essex Record Office
Southend Branch transcripts
COPY OF AGREEMENT RELATING TO LETTING OF PIECES OF SEA GROUND IN PRITTLEWELL
Reference Code TS 124/1
Scope and Content Photocopy of Memorandum of agreement between Daniel Robert Scratton of Milton Hall in Prittlewell and David Thomas Alston of Chalkwell near Sittingbourne (co. Kent) both esq., relating to letting of two pieces of sea-ground belonging to the manor of Milton Hall, 28 Feb. 1843 For calendar of series of deeds of which this memorandum forms part, see TS 113

In 1965/6 the Manningtree church was demolished and housing built on the site, in the process the grave yard memorials were lost and the deceased exhumed and reburied in Mistly churchyard.

England Return of Owners of Land 1873. Kent.
Alston D T. (Exors) Minster 23a 3r 22p gross estimated rental value. L507.

England Return of Owners of Land 1873. Kent.
Alston David T. Southend 219a 3r 24p gross estimated rental value. L60.
This is an uncertain placement as David died in 1855.

Will PROB 11/2249 part transcribed. Dated 27 Mar 1855 it was proved 1 April 1857 by Mary his relict.

  Research Notes:

See the wonderful images of Cheyney Rock House.
http://www.cheyneyrock.co.uk/local-history/cheyney-house/

The Gaff Rig Handbook: History, Design, Techniques, Developments by John Leather, 2004
"Cutter rigged smacks sailed from the Medway where Alston's oyster dredgers brought home Channel oysters before they moved to Leigh-on-Sea. Small oyster dredging cutters worked from Whitstable and the Swale, generally resembling the Colne smacks but were fuller bottomed to take the hard foreshore which served their harbour. They set a generous rig but could easily be distinguished from the Essexmen by their square, boxy counters and the large ports cut in the bulwarks to shovel the oyster shell and culch overboard."

Some of the boats registered to D. T. Alston:
NamePort registeredOfficial No.Signal flagsReg. ton.Source
AdderLondon 9725 KJNG 45MNL1867
Alice Rochester 9522 KHQS 49MNL1867
Amity Rochester 9664 KJGF 30MNL1867
Emma Rochester 29433 QFPD 22MNL1867
Ellen Rochester KHQT 46MNL1867
Emerald Rochester 6339 JNKP 28MNL 1867
Henry &
Elizabeth Rochester 28540 PWTM 29MNL1867
James Rochester 9665 KJCH 21MNL1867
Ref: http://www.cheyneyrock.co.uk/local-history/cheyney-rock-oyster-fishery/

  Other Records

1. Census: England, 30 Mar 1851, Ingress Abbey Greenhithe Swanscombe KEN.
David is described as Thomas a visitor (of James Harmer) married aged 51 oyster merchant born Rochester KEN HO107/1607

2. David Thomas Alston: Oyster & Coal Merchant.
View of stables at Cheyney House

Artists impression of the old jetty adjacent to the coal yard

Cheyney Rock House

Sometimes refered to as Cheyney House (126, Marine Parade) & Rock House (124, Marine Parade) but under the same roof was once the headquarters of the Cheyney Rock Oyster Fishery. Built around 1816, by William Alston as a headquarters for his business interests, with a house, it was lived in by his sons David Thomas & David Alston.
Adjoining to south west is a stable block of 2 storeys buff brick with hipped slate roof. 7 sashes, mostly with verticals only. 1 square 4-light bay on the ground floor and hipped slate weatherporch.
It is all now a Grade II listed building.
Ref: CheyneyRock.co.uk

3. David Thomas Alston: Will (Pages 1 - 3), 27 Mar 1855, Kent.
It appears, that as the testator's son was underage, the thrust of the Will was to provide Trustee arrangements including his wife to administer his estate to give the son the opportunity to take over the businesses at his majority, some 13 years hence.
His daughters appear provided for by their grandparents the Cooper family.
It is interesting that Davids eldest daughter Eliza took up the challenge and ran the business, while the surviving son James Harmer having the option to take over the company by giving written notice to the Trustees within 6 months of his attaining 21 years of age instead appears to have chosen a career in the Army.

This is the last Will and Testament of me David Thomas Alston
Of Cheyney Rock in the island of Sheppey in the County of Kent Oyster and Coal Merchant which I make in manner following that is to say I appoint my dear wife Ellen to be Guardian of my children during their respective minorities but in the event of her death during such minorities then I appoint my friends William Francis Dobson and Robert Searle [?] hereinafter named to be their guardians and I nominate and appoint my said dear wife and my friend's William Francis Dobson of Gravesend in the county of Kent Esq and Robert Searle of Auriva [? ] Square London shipbroker to be executrix and executor tours and also trustees of this my will and I give and bequeath to each of them the said William Francis Dobson and Robert Searle the sum of £100 free and clear of legacy duty and all other deductions as some acknowledgement for the care and trouble they will have and be put to in carrying out the executorship and trusts of this my will
And whereas my said dear wife is possessed of all entitled to 5 shares in this star Gravesend steam company and to a freehold house in Harmer St, Gravesend now I do hereby expressly recognise and confirm the right of my said wife thereto and as far as I have any disposing power over the same I give and bequeath the same shares and the aforesaid house to my dear wife her heirs executors administrators and assigns to and for her and her own use and benefit absolutely
I give and bequeath to my said wife my pony and pony chaise and pony cart with the harness appertaining thereto and all my household furniture plate linen china glass books pictures paintings wines liquors and other effects (except money and securities for money books of account and manuscripts which shall be in upon or about any house or houses which I shall occupy or hold for residence at my decease and also all my watches jewellery and trinkets whether in such house or houses or elsewhere of which I shall be then possessed for the absolute use and benefit of my said wife
I give and devise to my said dear wife the coal shed and premises wherein I carry on my coal business together with small yards adjoining being respectively part of the premises lately purchased by me of Mr Charles Polson and also the piece of garden ground opposite the houses at Cheney Rock and which is now in my occupation being part of my recent purchase from the trustees of the late Delamere Banks Esq and also the peer and right of use thereof as I now hold the same under James Ward Esq the Lord of the Manor of Minster to hold the same unto my said dear wife and her assigns for and during the term of her natural life or until she shall marry again without impairment of waste And from and immediately after her decease or second marriage whichever shall first happen in the event of my said dear wife dying in my lifetime I give and devise all and singular the aforesaid hereditaments with their rights and appurtenances unto my son James Harmer to hold the same unto my said son his heirs executors administrators and assigns for ever and I empower my said wife during the continuance of her estate in the said arrangements to appoint or . . . . The same or any part thereof by way of lease for any term not exceeding 21 years in possession and not in reversion for the best rent which can be reasonably obtained for the same without taking any fine or foregift and after her decease her second marriage and during the minority of my said son I empower my trustees or trustee for the time being to receive the rents and profits of the said hereditaments and to let the same or any part thereof from year to year and to apply such rents and profits or a competent part thereof
Page 2
in the maintenance and education of my said son and to accumulate any surplus of rents and profits for the benefit of my said son And whereas my daughters are all will become entitled to benefits and the will of their late great grandmother Mrs North and also our or may become entitled to benefits under and by virtue of arrangements made or hereafter to be made in their favour by their grandfather Mr Thomas Poynton Cooper now I do hereby expressly ratify and confirm unto my said daughters all such benefits as aforesaid as I declare that they shall receive and enjoy the same independent the of the bequest hereinafter by this my will made to them or for the benefit or any other bequest which I may hereafter make to them or in their favour by any codicil or codicils to this my will I give and bequeath to the trustees and trustee for the time being of this my will and singular my real copyhold and personal estate and effects whatsoever and wheresoever hereinbefore specifically dispose of all over which I have power of appointment (including therein chattels real) . . . . . trust from time to time . . . . .
Page 3
And I hereby direct that in case my said son on his attaining the age of 21 years shall signify to my said trustees or trustee in writing his intention of securing to and taking my said trades or businesses or any of them then my said trustees or trustee shall put and place him into the full and complete possession of my said trades of businesses or such of them as he shall elect to take and the assets thereof and makeover to him all securities debts goods effects and provisions belonging to or not or employees in carrying in the same upon my said son giving real or personal security to the satisfaction of my said trustees or trustee for the payment of the said hereinafter mentioned at such prices and by such instalments as to my said trustees or trustee shall seem proper that is to say the said security to be for the whole amount or value of my capital in the said trades or businesses or such of them as my said sons shall elect to take as aforesaid at the time of his succeeding thereto . . . . .
provided all ways that in case my said son shall not with the six calendar months after attaining his age of 21 years signify his intention of taking my said trades or businesses as aforesaid or so signify such intention shall not only give such security as aforesaid then my said trustees or trustee shall and may if my said wife shall be living and desire the her or him so to do but not otherwise continue and carry on with the . . . . . privileges as aforesaid all or with all my said trades and businesses not taken by my said son . . . . . but in case my said wife shall be then dead I direct my said trustees as soon after such default as aforesaid of my said son . . . . . to sell and dispose of and convert into ready money the same.
And I declare that the monies which shall arise by such sale disposition and reversion shall be subject to the trusts profits . . . . . be from time to time applied and advanced for the benefit of my said wife and daughters and their issue as aforesaid

The will then goes on with directions to the Trustees as to their actions should various permutations of the family arise.

To be fully transcribed

4. David Thomas Alston: Will (Pages 4 - 6), 27 Mar 1855, Kent.

David married Elizabeth COOPER [3985] [MRIN: 1363], daughter of Thomas Poynton COOPER [33663] and Alice WILD [33664], on 30 Sep 1830 in St Olave Hart St LND. (Elizabeth COOPER [3985] was born circa 1810 in LND MDX, died on 17 Jan 1840 in St Dunstan in the East LND and was buried on 25 Jan 1840 in St Dunstan in the East LND.)

David next married Ellen Talboys TAYLOR [3986] [MRIN: 5965], daughter of Daniel TAYLOR [33686] and COUSINS [33685], on 23 Feb 1841 in Swanscombe Kent. (Ellen Talboys TAYLOR [3986] was born on 27 Jan 1811 in Greenwich LND, baptised on 5 Feb 1811 in St Mary Dover KEN and died on 4 Mar 1895 in Putney SRY.)