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his undertakings : but it was corrected by a penetrative caution and a solid judgment. His thirst for money was unquenchable ; and appeared so to absorb his feelings, as to render them in great measure subservient to the acquisition of it. His æconomy therefore was severe and unceasing. But with all his avarice he did not quite answer the description of one, qui non possedit divitias, sed divitiis possessus est : for, though he was for many purposes rather a slave to wealth than the possessor of it; yet neither in his stile of living, nor in the management of his family and domestic concerns, did he usually condescend to that coarse vulgar and ungentlemanly sordidness, which some misers practise. In truth his avarice for the most part was of the higher order, and in some respects assumed a dige nified mien. His constitution of body was naturally robust; and he was too temperate to injure it by any excess. The result of all this was a prosperity in the commercial line alınost unexampled.

• At the time of making his last will, which was in April 1796, the state of his family and fortune was to this effect :

• Some time after having settled in England, he inarried Miss Ann Woodford. This Lady, of whose merits his will with all its faults, bears ample testimony, was living. By her he had living three sons and three daughters. The three sons were settled together in partnership as merchants in the house in London, from which their father had recently retired ; and were prosecuting the same extensive com. merce. Al three of the sons had married most respectably, with the full approbation of their father. The eldest and second sons had issue ; the former three sons and two daughters ; the latter two daughters ; and both had a prospect of mure issue. The third son, was but recently married. All three of the sons, a little before the date of Mr. Thellusson's will, were become members of the British House of Commons; and there was reason to presume, that his pride was not a little gratified at a circumstance remarkable for any father, and much more so for a father of foreign birth and of a fo. reign family, and only become a full subject of Great Britain by an act of naturalization. Of the three daughters of Mr. Thellusson, two were of age, and the eldest was married to the Honourable Mr. Augustus Phipps, a younger brother of Lord Mulgrave.

• In respect to the fortune of Mr. Thellusson, it may be sufficient here to mention, that notwithstanding very considerable provisions advanced for his three sons, amounting according to the statement of his will to nearly 16,000 l. a piece, and notwithstanding the portion he had advanced to his eldest daughter on her marriage with Lord Mulgrave's brother, the aggregate of Mr. Thellusson's real and personal estate probably amounted in value to some sum about seven hundred thousand pounds. I say probably : because so it hath been estimated since his death; and no circumstance appears to have oc, curred to cause any material increase between the date of his will. and the time of his death, which was little more than the interval of a year.

· Thus situate in family and fortune, and being above the age of sixty, and in the most perfect health, and at least seeming to be on terms of the most affectionate amity with all the near relatives I have

described,

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described, the late Mr. Thellusson made the eccentric last will, which is now in question.'

After several small legacies, when compared with his great fortune, Mr. T. devises his estate of the value of 4000 l. per annum, and the residue of his personal property, to trustees, on the following trusts :

" And I declare and direct that the said Matthew Woodford, James Stanley, and Emperor John Alexander Woodford, their heirs and assigns, shall stand and be seised of my said manors or lordships messuages lands tenements and hereditaments and real estate herein before to them devised, and of and in the said freehold and copyhold estates herein before by me directed to be purchased as aforesaid, upon the trusts and to and for the intents and purposes herein after. mentioned expressed and declared of and concerning the same, (that is to say,) upon trust that they the said Matthew Woodford James Stanley and Emperor John Alexander Woodford, and the survivors and survivor of them, and the heirs and assigns of such survivor, do and shall (from time to time during the natural lives, of my said sons Peter Isaac Thellusson, George Woodford Thellusson, and Charles Thellusson ; and of my grandson John Thellusson son of my said son Peter Isaac Thellusson ; and of such other sons as my said son Peter Isaac Thellusson now has or may

and of such issue as my said grandson John Thellusson may have ; and of such issue, as any other sons of my said son Peter Isaac Thellusson may

and of such sons as my said sons George Woodford Thellusson and Charles Thellusson may have ; and of such issue, as such sons may have, AS SALL BE LIVING DECEASE

IN DUE TIME AFTERWARDS; and during the natural lives and life of the survivors and survivor of the several persons aforesaid) collect and receive the rents and profits of the manors or lordstips messuages lands tenements and hereditaments herein before by me devised and so to be purchased as aforesaid : and do and shall from time to time lay cut and invest the money arising from such rents and profits, in such purchases as I have berein before directed to be made with my said personal estate : and so from time to time do and shall collect and receive and lay out and invest the rents and profits of the manors or lordships messunges lands tenements and hereditaments herein before by me devised and 10 be purchased as last aforesaid, in the manner herein before directed with respect to the rents and profits of the manors or lordships miessuages lands tenements anel bereditaments bercin before by me devised and to be otigue!'y purchased as aforesaid."

" And I do hereby direct that AFTER THE DECEASE OF THE SURVIVOR OF THE

SEVERAL PERSONS, DURING LIVES THE RENTS AND PROFITS of the marors or lordships messuages lands tenements and hereditaments herein before by me devised and to be purchased as aforesaid ARE HEREBY DIRECTED TO ACCUMULATE as aforesaid, an equal partition shall be made by my said trustees, or the survivors or survivor of them and the trustees to be appointed as hereafter mentioned, of the manors or lordships messuages lands teneperts and bereditaments herein before devised and so to be purchased from

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time to time as aforcsaid, and the whole thereof divided into TAREE lots of equal valur, or as near thereto as possible.”

And that the premises contained in one such lot shall be conveyed to the use of the ELDHOT MALE LINEAL DESCENDANT THEN LIVING (and who shall be entitl::! to the choice of such allotments) of my said son. Peter Isaac Thellusson in tail male'; with remainder to the SECOND, THIRD, FOURTH, AND ALL LINEAL DESCENDANT UR DESCENDANTS, THEN LIVING, WHO SHALL BE INCAPABLE OF TAKING AS !!EIR IN TAIL MALE OF ANY OF THE PERSONS TO WHOM A PRIOR EST.ITE IS HEREBY DIRECTED TO BE LIMITED, OF MY SAID SON Peter Isaac THELLUSSON SUCCES

IN TAIL MALE: with remainder in equal moieties, TO THE ELDEST AND SCENDANTS THEN LIVING OF MY SAID SONS GEORGE WOODFORD THELLUSSON AND CHARLES THÉLLUSSON, as tenants in common in tail male, in the same manner as herein before directed WITH RESPECT TO THE ELDEST AND EVERY OTHER MALE LINEAL DESCENDANT AND DESCENDANTS OF MY SAID SON Peter Isaac THELLUSSON ; with cross remainders between or among such male lineal descendants as aforesail of my said sons George Woodford Thellusson and Charles Thel-, lusson in tail male; or in case there shall be but OnE SUCH MALE LINEAL DESCENDANT, then TO SUCH ONE in tail male; with remainder to the use of them the said Matthew Woodford James Stanley and Emperor John Alexander Woodford their þeirs and assigns for ever, upon the trusts and for the intents and

purposes berein after-mentioned expressed and declared of and concerning the same.",

“ And that the premises included in one other of such allotments and which shall compose the same, shall be conveyed to the use of the ELDEST MALE LINEAL DESCENDANT THEN LIVING ( rubo shall likewise be entitled to the second choice of such allotments) of

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said George Woodford Tbellusson in lail male ; with remainders to the seCOND, THIRD, FOURTH, AND ALL AND EVERY OTHER MALE LINEAL DESCENDANT OR DESCENDANTS THEN LIVING, WHO SHALL BE in. CAPABLE OF TAKING AS HEIR PERSONS TO WHOM A PRIOR ESTATE IS HERE BY DIRECTED TO Bë LIMITED OF MY SAID SON GEORGE WOODFORD THELLUSSON SUCCESSIVELY IN TAIL MALE ; WITH REMAINDERS IN EQUAL MOIETIES TO THE ELDEST AND EVERY OTHER MALE LINEAL DESCENDANT OR DESCENDANTS THEN

SONS PETER ISAAC THELLUSSON AND CHARLES THELLUSSON AS TENANTS IN COMMON IN TAIL MALE, in the same manner as is herein before directed with respect to the eldest and every other male lineal descendant or descendants of my said son GO

orge Woodford Thellusson, with cross remainders bea tween or among such male lineal descendants as aforesaid of my said sous Peter Isaac T bellusson and Charles Thellusson in tail male, or in case there shall be but one such male lineal descendant then to such one in tail male ; with remainder to the use of the said Matthew Woodford Janies Stanley and Emperor John Alexander Woodford their heirs and assigns for ever, upon the trusts and to and for the intents and purposes hercin after-mentioned expressed and declared of and concerning the same."

“ And that the premises included in the remaining lot, which shall compose the same, shall be conveyed to the use of THE ELDEST

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MALE LINEAL DESCENDANT THEN LIVING of my said son Charles Thellusson in tail male, with remainder to the SECOND, THIRD, FOURTH, ANN ALL AND EVERY OTHER MALE LINEAL DESCENDANT OR DESCENDANTS THEN LIVING, WHO SHALL BE INCAPABLE OF TAKING AS HEIR IN TAIL MALE OF ANY OF THE PERSONS TO WHOM A PRIOR ESTATE IS HEREBY DIRECTED TO BE LIMITED, OF MY SAID SON CHARLES THELLUSSON SUCCESSIVELY IN TAIL MALE, with re. mainders in equal moieties to the eldest and every other male LINEAL DE, SCENDANT

MY SAID SONS PETER Isaac TheLLUSSON AND GEORGE WOODFORD THELLUS-SON, AS TENANTS IN COMMON IN TAIL MALE, in the same way as berein before directed with respect to the eldest and every other male lineal descendant or descendants as aforesaid of my said son Charles Thellusson, with cross remainders between or among such male lineal descendants as aforesaid of my said sons Peter Isaac Thellusson and George Woodford

T bellusson in tail male, or in case there shall be but one such male lineal descendant then to such one in tail male ; with remainder to the use of the jaid Matthew Woodford James Stanley and Emperor John Alexander Woodford their heirs and assigns for ever, upon the trusts and to and for the intents and purposes herein after-mentioned expressed and declared of and concerning the same.

On the determination of this entail on the future male descendants of his three sons, he creates a farther trust for selling the whole of the accumulated property; and for applying the money from the sale to the use of the sinking fund towards paying off the national debt.

Such is this most extraordinary testamentary disposition of an immense fortune ; in which the testator at the same time evinced his avarice, his vanity, and his cruelty to his nearest connections; and such is the will which engrossed the conversation and the thoughts of the profession, and occupied the attention of the Chancellor, assisted by the Master of the Rolls, and two Judges, for a considerable portion of time. We have necessarily been thus long and minute in our extract, for the purpose of enabling our readers to form a competent judgment on so singular a subject.

Mr. Hargrave attempted to invalidate this testamentary disposition of property on the three following grounds. 1st, An infringement of the boundary of executory devise; and this in six different points, on any one of which, the charge, if proved, (he contended,) was sufficient to nullify the trusts in question. In this division of his argument, the author gives a distinct and able view of one of the most abstruse and difficult topics in our law, namely the origin and progress of executory devise, as applied to estates of inheritance, terms of years, and personal chattels. He then proceeds to shew that the trusts, created by the will, were guilty of an excess of accumulation, and in this respect of being so grossly against public good, and so extremely improper, exclusively of the limits prescribed to executory devise, as to justify a court of equity in condemning them. Lastly, he charges these trusts with being so vague, so obscure, and so uncertain, in the description of the primary beneficial devises and legacies, as tobe rejectable on the ground of unintelligibility and impracticability. These were the principal points maintained by Mr. H. in the course of an argument, which in the volume before u's has filled 182 pages, and which distinctly manifests the author's laborious industry and depth of research on this trying occasion. We believe that it is unnecessary for us to add, that all these exertions were unsuccessful, and that the Chancellor's. decree was in favour of the will.

The second case in this collection, on Mr.Perry's commitment by the House of Lords for a breach of privilege, in a paragraph inserted in The Morning Chronicle, involves in it nice constitutional questions, by which the boundaries of our civil liberty are in a great measure affected.

To the following points, the author's attention was directed : 1st. Though the House of Lords, as every other court of justice, has the right of protecting it's proceedings from unlawful resist. ance and obstruction of any kind by commitment, can this right extend to the summary punishment of libel, such hibel not being upon any judgment or decision of the House of Lords, either

as a house of parliament, or as a court of justice ? • ad. Can this right be legally exercised, or at least justly and agree.

able to precedent, against an individual upon the mere proof of his being only the proprietor of a newspaper, though upon an interrogatory put to him by the House he denies all knowledge of the existence of the libel, and expresses his sorrow that it should have appeared in print ? 3d. Supposing the right of commitment to exist, can the House of Lords commit any individual for any cause, as for breach of privilege, for a time certain, and adjudge him to pay a fine? And you are particularly requested by Mr. Perry to advise on the whole of his case, and what mode of redress by Habeas Corpus or by action or otherwise he has on this occasion.'

It was the opinion of that eminent, pure, and enlightened Judge Sir Matthew Hale that, “ for matters remediable in the ordinary courts, remedy ought not to be given in the Lords' House;" and he subjoins the following reason, “that indeed. it is against all reason it should invert the whole oeconomy of the laws of England.” Yet notwithstanding this remark, proceeding from so high an authority, and our author's ob servation that it would be best not to consider libel as a case of privilege,' it is added, but whatever may be the objections to construing mere libel a contempt against the Lords or Commons, the practice of so treating it has in some degree con

tinued ;

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