Imatges de pàgina
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this 3rd day of August, in the
year 1821,
at Brandenburgh-
house, in the presence of

"H. BROUGHAM.

"THOS. DENMAN.

queath to the marquis Antaldi, that which he shall choose; and the remaining one to William Austin. I give to the viscount and viscountess Hood, 500/. each.

" HENRY HOLLAND, M. D. I have already given to John

"HOOD."

"This is a codicil to my will, dated

this 3rd day of August :"I give all my clothes, here and in Italy, to Marriette Brun. I direct that a particular box, by me described, be sealed with my seal and delivered to Mr. Obichini, of Coleman-street, merchant; and I acknowledge that I owe him 4,300l. I wish that government

would pay the 15,000l. the price of my house in South Audleystreet. I desire to be buried in Brunswick. I leave my coach to Stephen Lushington, my executor; my landaulet to John Hieronymus.

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"This is a codicil to my last will:

"I give to John Hieronymus and Marriette Brun all my bed and table linen, which has already been used. I give to Louis Bischi, the sum of 1,000l. and an annuity of 150l. per annum, payable half yearly. I give the large picture of myself and late daughter to the cardinal Albano. The half-length picture of myself to lady Anne Hamilton. I give the picture of myself, which is a copy of that given to the city of London, to my executor, Stephen Lushington. There are two pictures remaining, of which I'be

Hieronymus one carriage; I also give him the other open carriage. I declare that my interest under my mother's will is given to William Austin, as a specific logacy. I desire and direct that my body be not opened, and that three days after my death it be carried to Brunswick for interment; and that the inscription upon my coffin be- Here lies Caroline of Brunswick, the injured Queen of England.'

"CAROLINE R." "Signed in the presence of HENRY HOLLAND, M. D. August 5, 1821."

"A codicil to my last will :I give and bequeath to William Austin, all my plate and household furniture at Brandenburghhouse, and also all unused linen.

"I direct my executors to make application to his majesty's government to pay to them such sum of money as at the time of my decease I may have paid, or which they may be called upon to pay, for the purchase of my house in South Audley-street; and I give and bequeath — sum of money, as my said executors shall procure and obtain in that respect, unto them my said executors, in trust for William Austin, according to the provisions of my will: such sum to be considered a specific legacy. And in case the government shall refuse to pay such sum, I direct my executors to sell my interest in the said house, and also the furniture and things therein. And

I give and direct the proceeds thereof to be paid and applied to and for the use of the said William Austin in like manner, as a specific legacy; but in case the government shall repay the purchase money of the said house, in that case, the proceeds which may be realized by the sale are to fall into the general residue of my estate. Dated seventh day of August, 1821.

"CAROLINE R."

"Witness, HENRY U. THOMSON, Kensington."

THE FOLLOWING IS SAID TO BE THE TESTAMENT OF NAPO

LEON.

"This day, April 14, 1821, at Longwood, in the island of St. Helena..

francs. I desire that he may build his house near Ponte Novo de Rossino.

"To count Las Cases, 100,000 francs.-To count Lavalette, 100,000 francs.

"To the surgeon in chief, Larrey, 100,000 francs. He is the most virtuous man I have known.

"To gen. Lefevre Desnouettes, 100,000 francs.-To gen. Drouet, 100,000 francs.-To gen. Cambronne, 100,000 francs.-To the children of general Muton Duvernais, 100,000 francs.-To the children of the brave Labedoyere, 100,000 francs.-To the children of general Girard, killed at Ligny, 100,000 francs.-To the children of general Chartrau, 100,000 francs.-To the children of the virtuous general Travost, 100,000 francs.-To general Lallemand, the elder, 100,000 francs. To Costa Bastilica, also

"This is my testament, or act 100,000 francs.-To general of my last will:

:

"I leave to the comte de Montholon 2,000,000 francs, as a proof of my satisfaction for the attentions he has paid to me for these six years, and to indemnify him for the losses which my residence in St. Helena has occasioned him.-I leave to the comte Bertrand 500,000 francs.-I leave to Marchand, my first valet-dechambre, 400,000 francs; the services he has performed for me are those of a friend. I desire that he may marry a widow, sister, or daughter of an officer or soldier of my old guard. To Saint Dennis, 100,000 francs. To Novarre, 100,000 francs. To Pijeron, 100,000 francs.-To Archambaud, 50,000 francs.-To Cuvier, 50,000 francs.-To Chandelle, idem.

"To the Abbe Visnale, 100,000

Clausel, 100,000 francs.-To the baron de Menevalle, 100,000 francs.-To Arnault, author of Marius, 100,000 francs.

"To colonel Marbot, 100,000 francs: I request him to continue to write for the defence and the glory of the French armies, and to confound the calumniators and the apostates.

"To the baron Bignon, 100,000 francs: I request him to write the history of French Diplomacy from 1792 to 1815.

"To Poggi de Talaro, 100,000 francs.-To the surgeon Emmery, 100,000 francs.

"These sums shall be taken from the six millions which I deposited on leaving Paris in 1815, and from the interest at the rate of 5 per cent. since July, 1815; the account of which shall be adjusted with the bankers by the

counts Montholon and Bertrand, and by Marchand.

"These legacies, in the case of death, shall be paid to the widows and children, and in their default, shall revert to the capital.

"I institute the counts Montho. lon, Bertrand, and Marchand, my testamentary executors. "This present testament, written entirely by my own hand, is signed and sealed with my arms. "NAPOLEON."

"April 24, 1821, Longwood."

"This is my codicil to the act of my last will:

"On the liquidation of my civil list of Italy-such as money, jewels, plate, linen, coffers, caskets, of which the viceroy is the depositary, and which belong to me-I dispose of two millions, which I leave to my most faithful servants. I hope that, without their showing any cause, my son Eugene Napoleon will discharge them faithfully. He cannot forget the forty millions which I have given him in Italy, or by the right (parage) of his mother's inhe

ritance.

"To the comte Montholon, 200,000 francs, 100,000 of which he will pay into the chest, for the same use as the above, to be employed according to my dispositions in the discharge of legacies of conscience.

"This codicil is written in my own hand, signed and sealed with my arms.

"NAPOLEON."

<< April 24, 1821, Longwood."

"This is also another codicil, or act of my last will :—

"The 9,000l. sterling, which we have given to the comte and the comtesse Montholon, if they

have been paid, are to be deducted and charged in account against the legacies which wo have made him by our testament. If they have not been paid, our bills shall be cancelled.

"In consequence of the legacy made by our testament to the comte Montholon, the pension of 20,000 francs granted to his wife is annulled. Comte Montholon is directed to pay it to her.

"The administration of such succession, until its entire liquidation, requiring expenses in offices, for journeys, commission, consultations, pleadings, we intend that our testamentary executors shall retain 3 per cent. on all the legacies, both on the 6,800,000 francs, and on the sums bequeathed by the codicils.

"The sums proceeding from these deductions shall be deposited in the hands of a treasurer, and expended on the order of our testamentary executors.

"We appointcomte Las Cases, or in his default, his son, and in his default, general Drouet, treasurer.

"This present codicil is entirely written with our own hand, and sealed with our arms.

"NAPOLEON." "This 24th of April, 1821, Longwood."

"This is my codicil and act of my last will:

"From the funds remitted in gold to the empress Maria Louisa, my very dear and well-beloved spouse, at Orleans, in 1814, there remain due to me two millions, which I dispose of by the present codicil, in order to recompense my most faithful servants, whom I beside recommend to the protection of my dear Maria Louisa.

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REMARKABLE TRIALS AND LAW CASES.

CONSISTORY COURT, MAY 4.

Gilbert v. Buzzard and Boyer. -In this singular case, which related to the fees due to the parish for burial in iron coffins, the Consistory-court had directed affidavits to be filed, as to the comparative durability of iron and wood; and, these having accordingly been obtained from professor Brande, Messrs. Aikin, Parkes, &c.; and counsel having been heard at length thereon:Sir William Scott, in giving his judgment on the Table of Fees, observed, that in this case he was now called upon to determine the amount of fee fairly due to the parish for the interment of iron coffins. In delivering his former opinion, he had come to the conclusion, that if these iron coffins were more durable than those constructed of the usual materials, adequate compensation ought to be made to the parish for their longer duration, and a larger fee paid for their admission. Their proportionate duration, however, still seemed a controverted point; and in a case like this, where there was no experience to guide him, to reach any thing like exactness in fixing their compa

rative durability, was an expec tation not to be indulged. The fact itself, of their duration, was influenced by so many various circumstances, as to make any general result, even when founded on experiment, in some degree doubtful. The only illustration the case had received, was derived from persons skilled in chemistry, but they could give their opinions on the subject only from analogy. In looking at this evidence, he saw, as was usually the case in matters of opinion, the most conflicting testimony; nor could the court presume to give a decisive judgment, when those most conversant with the subject had left it in a state of doubt; the judicial aphorism-perito in arte sua credendum, could in this question have no application; and the only alternative was, to look at the opposing evidence, and endeavour to ascertain on which side the balance rested. Looking at it in this point of view, he could not but express his conviction, that the balance was on the side of the greater durability of iron; and although it might be thought that he was in some measure influenced by his own prepossessions, he was bound to

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