The Sun.
London, England, 1823-07-16 00:00:00

INDIA,

(From day eakrittaAly Jourval.l,
§ITPRE, IE COURT-_-CALCUTTA, DEC. 2, itp.

In the matter of CLAUDE MArrrv, late Alajor-Oeneral in the

. • Service of the East Iselin CerertuY•
This case came before the Court for further directiens as to
the Master's Report.
Claude Martin, Esq., who by his Will states he was horn at
Lyons in France, and came out to ibis country as a private sol-
dier, died at Lucknow in the territories of the King
.of %hide,
in the year MOO, possessed of real and Personal property to a
much greater amount than was ever realized by ateKteropearr
In
• Tho Will, rind Schedule ottnetroil to it, are of great length,
:end divided into numerous articles, bequeathing legacies to
some of his relations, and pensions to his' numerous women and
'servants, besides directing a Zenana to be built tor their resi-
dence, and a spot uf mettle; to be converted into a burial place
for their remains. Ile also bequeathed various sums to the
cities of Calcutta', Lyons, Lucknow, and E.hattdcrnagore, for
chatitable purposes, and directed that a house called ,Constan-
tia, which he was then building at lateknow, should be com-
pleted, and used as a caravansera for the reception of travellers,
and bequeathed a fund for its maintenance. Annual sums of
4,000 rupees are also bequeathed for redeeming poor debtors
at Lyons, tied Lucknow, and 20,000 rupees to be divided
amongst " five of hie. nearest and poorest relatives," besides'
several-other legacies, and bequests of immense stuns, of me-
ney.
The principle question for the Court's decision appeared to
be, whether or not the Charitable fiegoeies wider Ili* Will,
which were to be discharged out of the proceeds of theestate
remaining in the hands of Mr. Palmer the eteeutor which wag
forthwith to be paid into the heeds of the A ccou titan e.eleiteeel,
carried interest or not? this point being of the utmost conse-
quence to the residuary legatee, involving. on this scere alma a
sum of upwards of eight lacks of rupees, or aboel 10t',001
pounds Sterling.
Mr. SPANKIE who was retained on the part of the city of
Lyons contended that by the late of England, ititnest was
payable upon these legacies, in as much as the estate was ac.
lually of sufficient Nadu., and might have been converted into
money W hare discharged them immediately after the testa-
tor's death, and that the institutions were entitled to any be-
nefit that might accrue from the delay of payment.
Mr. MONEY' Milt/wed on the slime side. „.
Mr. Fi;aotlltsort, who • held briefs on the pert. ,of Mr.
Palmer the Executor, and the. Ilepreientatives of theelteeased,
argued' against interest being allowed, contending that.the tea-
. Eater's intention was to Set aside only the preeise airmail% teen-
dolled in his will for these Charities, and that he had. not con-
templated such ao immense:mat being
,eppropriated vii WAS.now
'taught to be recovered. Thc Learned lleittlensan stated: she%
he appeared for Mr. l'ehner, who was both reedy •end willing
tw deliver.over the great trust imposed upon hint to stot.pistio
the (;ours would nominate to recetse,it. The only point upon
which, continued the Learned 14mostel,' Mr. Palmer fee% nay,
delicacy, was as to proper care being taken, of those persons
who appeared to postmss,eo greet a portion of the etreetion
regard -of hie deceased friend, :General and to be so.
near his heart to making his last will. Hut thirst, CiTgoa•
son wag sure the Court would look to 4, stud he concluded an.
able and animated speech by expressing a hope, that
l'almer,Would be relieved from the burthen of his . Executor-
ship, and be discharged from all respontihility attending tto
execution of it.

Mr. 'WHEATLEY figoWed shortly on the samthilitie%
Mr. SiANKIE replied.
Sir FRANCIS ikIA'CNAGIVIarIi rettaxked that it WAS USat'SS
expressing his ideas on the subject of these religious.hetpusts.
The Testator had undoubtedly a right to dispose of hia pro-
party as he pleased. He thought that interest must lie.allawed
upon Mese legacies from the expiration of one year front the
Testator's death,

tholtTweitius ttuhrepsdese'taCttCee:latnlttilratt
uPpaonlinpaeryhulattltfutolly
tachecontimsntlfonir
the balitnce remaining in his hands, amounting to about tilt
lads of rupees, he was to be discharged from the reePottsibitiq
of the Executorship;--and' numerous directions were then
gives to the roaster, to inquire and reporttn the Court on she
various circumstances eonneeted with the fultilitient- of ,OR
Tetatttoria intentions, panticularly as to how Mr. Vettis :Martin
(one of the representative* of the tie4alledi hail ILI,'" of 14.
sum of 40,0004 which had been paid to him by tba' r.oteeutorN
and whether his Majeety the Kit* or audo would, Permit dio
funeral's ivishes, as to cite erection of u eotiegsi 4i. I.ocknow
Y
for teaching. the ngliab language.. and initivedog versons tr,
the principles- of the Christian religion, to he;carcied,into dikes
' —Much doubt appears to exist as to this part Of lbw twaheing
of into Wert, a* his hl . 001u/hes aPn..refuen,d'to swipe
of the anntittldonation a 4,w0 rttilevs tolateve PoOr#ehtors,
which the• testator haul. bequeathed bx his vat, *Awing that
there were not such objects in his astute', 14M1 if time 401,1
art 14
'hey they ninit remain where tilt' .441 v had Placed them. Tt
his rei.„44l mulct ,mserul to the erection of •the Institution;
alio, a very large ram still .of mom remain. unappropriated.
and rnamt.;: it ill proiiineti, eirik into the resiiienc (.4 01.(it-liemi
Alliiiiii's eirtivte. 4
To give so idea of tne.tounense property inyniveil, Ira chip
13‘114
Cale li , mat he, added- that in consequence of, thl Ovation,
the liCtiacirs commoolon on the hum brought into ' ft will,
as we understand, amount u) nearly one lack nett fort*. sot
skits rupees !! 1 . ,