Star.
London, England, 1805-12-25 00:00:00

WILL OF LOAD NILSON.

Abfirstel of the laft Will and Tenement, and Co.
dicils thereto annexed, of Lord Vifcount Nas.soir,
as proved in the Commons by his Executors, Earl
Ner.sum and Wit.i.peit Hasmtwoorp, Efq. on Mon.
day, the 23d i0n...• •
Horatio Vifcount Nclfon, of the Nile, and of Burn-
ham Thorpe, in the county of Norfolk, and Duke of
Bronte, in the kingdom of Farther Sicily.
Firft—ln the event that be lhall die in England, he
deGres to be buried in the parilh church of Burnham
Thorpe, unlefs his Majeay Gtail Ggnify it to be his
pleafure that he (hall be buried elfewhere.
Gives the fum of tool. to the Poor of the•feveral
perilkes of Bentham Thorpe, Sutton, and Morton,
m the county of Norfolk, viz. one third part to each
parilh : the fame to be divided at the dikretion of the
Curates or Minifters. •
Gives to Emma Lady Hamilton, widow of the
Right Hon. Sir Wm. Hamilton, K. B. his diamond
tier, as a token of his friendfhip ; alto the Giver cop,
which Ike prefented to him. •
Gives to his brother, the Rev. Wm. Nelfon, D. D.
(Earl Nelfon) the gold box, prefented to him by
the City of London ' • alfo his gold (word, pretest-
ed to him by the Captains who fought with him at
the Nile.
Gives to his fitter Catharine Matcham the (word
prefented to him by the City of London.
Gives to his fitter Sufsnnah Bolton the Mier cup
far— ented to him by the Turkey Company.
—:o3yes to A. Davifon, of St: jamees-fquarc, Efq.
his Turkith gun and canteen.
Gives to his worthy friend Captain Hardy an his
tekfcopes and fea &fres, and tool.
Gives to each of his executors tool.

Gives to his Brother, and William Halewood,
Efq. of Craven-fireet, Strand, all the refidue of his
krchattels, and perfonal elate, (except the
ighold goods, &c. which than be in his haute at
Merton, at his deeeafe ; and alto except his diamond
(word and jewels, and any other articles which he
mould, by any codicil ao his will, otherwife difpofe
of) to hold to them and their executors and admini-
firators, upon the malls following, namely :—Upon
that his faid trances and executors mall, as
foon as may be, after his death, convert into money
fuch perfonal date as does not canfia ofmoaey, and
lay oat and keel! the fame in the purcbafe of 3 per
Cent. Confols ; and alto the money which (hall
belong to him at his death, fo that the dividends and
intere& may produce the clearearly (um of wool.
of which they !ball Raid poffeled, upon true, that,
during the life of Frances Herbert, Vifcoontefs Net-
fon, his wife, his faid Truant do and Alai, fully
au:barite and empower the faid Vifcountefs Nelfon,
his wife, and her affigns, to receive the dividends
when the fame Wall become due, in addition to all
other provifions made by him at any time heretofore
for her, and in addition to the funs of 4oiscil. lately
tvgn her, which turns to be taken baba', and fads-
'on of all dower, and right and title of dower, of
her the (aid Vilcounte(s Nelfon. And in cafe the
annual income to be produced from the Bank Annu-
ities, to be purchafed with the refidue of his perfonal
dilate, ball be infaficient to anfwer and pay the fum
of 10()01. a year, then the deficiency to be made up
to his Wife, oat of his barony, town, and lands, in
Farther Sicily ; fo that his faid Wife may be entitled
to receive a clear income of rood. and, after the de-
cafe of the faid Wife, to divide the raid scoot. unto
the faid William Nell°Sufaanah Balton, and Ca
thariae Matcham.

I, Horatio Vifcount Nelfon of the Nile, of Burn-
ham Thorpe, in the county of Norfolk, and of the
United Kingdom of Great Britain and Ireland. and
Duke of Bronte, in the Kingdom of Farther Sicily,
having, to my left Will and Teftament, which bears
date on or about the loth day of May, in the yeir
of our Lord 1803, made and publithed a Codicil,
bearing date the 13th day of the fame month, do
make and publith a further Codicil to the fame laft
Will and Tenement in manner followings That is
to fay, I give and bequeath to Mifs Horatio Nelfon
Thompion, who was baptized en the 13th day of
May lalt, in the parifh of St. Mary-la-bonne, in the
county of Middletex, by Benjamin Laurence, curate,
and John Willock, affiftant clerk, (and who I acknow-
ledge as my adopted daughter), the rum of 4,0001.
lierliag money of Great Britain, to be paid at the
expiration of fix months after my deceafe, or fooner
if polfible I and I leave my deareft friend Emma,
Lady Hamilton, foie guardian of the raid Horatia
Nelfon Thompfon, until the than have arrived at the
age of eighteen years, and the intereft of the (aid four
thoufands pounds to be paid to Lady Hamilton, for
her education and maintenance. This requeft of
guardianibip I earneftly make of Lady Hamilton,
knowing that the will educate my adopted child in
the path. of religion and virtue, and give her thofe
ateomplit,. -lents which fo much adorn berfelf, and
1 hope mak, her a fit wife for my dear nephew, Ho-
ratio Nelfon. .rho I with to marry her, if he proves
worthy in Lady Hamilton's ellimation of fuch a tree-
fare, as lam Cure the will be. Farther. I dired that
the legacies by this my Codicil, as well as thole by
my la( Will and Teßainent, given and bequeatbade
hall be paid and difcharged. from and out of my
perfonal eflaie only, and thall not be charged, or
chargeable, upon my real elates in the United King
dom of Great Britain and Ireland, and in the king-
dom of Farther Sicily, or any or either of them, or
any part thereof. In all other refpefts, I ratify and
confirm my faid hail Will and Tenement and former
Codicil. In witnefs whereof, I, the raid Horatio
Vircouut Nelfoc and Duke of Brogue, have to tr
Codicil, all in my own brad-writings eiod ijoiw.
r is one (beet of paper, fet my band and foal tti

day of September, in the year of Our Lori One
Tboufand Eight Hundred and Three. .;•
(Signed) mimson aro *sot ?IN
Signed, feakd, and padded by the Right
Hon. Horatio irifeoant Ntifon, Duke •
of Bronte, as and fora Codicil to bis left
Will and Teftaownt, in the prefenee of
Moans M , Firft Captain oft& Mary.
Jou* Sears., Secretary. •
Lord Nei-fon' in his Will. has direaed, that if it
(hall pleafe his Sovereign to grant a. continuance of
his penfirin of one thouf.ind pounds per annum, to
Lady Nelfon, that the direaion in his Will to raise a
Cam of money to be veiled in the Funds, to pay her
Ladythip an annuity of one thoulAnd pounds pet attn.
(hall be void.

A codicil, in his own writing, direds, that one
hundred pounds per annum be paid to the Widow of
his brother Maurice.

The laft Codicilannexed to his Lordesipis Will, is
dated in September laft, and gives to Lady Hamilton
all the hay on his elate at Merton.
His Lordfhip his given full power to his Trullees,
to difpofe or exchange the whole of his Italian eflates.

The Public ate repeafully informed that the com-
pletion of Charnock's Memoirs of the late Lord Vif.
count Natsoa has been unavoidably delayed, in con.
fequence of the melancholy difaiter which took place
on the tathfinti. at Mr. Gillet's in Salilbury-fquare,
in the dreadful conflagration of whofe premifes more
than half the book, Which was then printed off, was
confnmed. This misfortune has, however, been re-
medied as expeditionfly as eircumllances would al-
low, and the Work will be ready for delivery in a
few days.
DREADFUL HURRICANte--Aboat the aoth of No-
vember, one of the molt violent hurricanes was expe-
rienced on the coat of Spain, that ever was remem-
bered. A letter received by a refpeaable honk in
town. from Valentia, of the 23d alt. Rates its cads
to have been weft dreadful at that place. It rained
isceffantly for four days, during which time upwards
of two hundred houfes were wattled away, and not *
vet:lige of them left behind • a number of perfons, in
endeavouring to lave their effeas, loa their lives. To
add to the dtfatier, numbers of hipping were driven
afhore and thivered to atoms, and many of the people
on board perifhed. The &rbice packet, belonging
to the houfe by whom the letter was received, was
one of the !hips driven on More ; and although Aron
built, the did not ftuvive the hurricane halfan hour.

Fiars.—A molt terrible conflagration took plats
at Brayton on Saturday fall. About noon a fire.waa
difcovered in one of the offices belonging to Sir Wi-
lfred Lawfon. of Brayton-houfe, Bart. which raged
with fnch fury, that, in a very. short !pace of time,
notwithflanding every exertion, the whole fit of of.
fices, the moil elegant and commodious in Cumber-
land, compofing a fpacious fquare (with the exception
of the coach-honfe, which was a little detached from
the reR) were entirely confumed, together with an
immense quantity of grain, hay. &c. The flames at
cended to an immeofe height in the air, prefenting
grand and awful appearance. We are happy to Rate,
that all Sir Wilfred's valuable bodes were faved. It
is fuppofed that the fire originated from a fervent
having lighted Tome shavings near one of the canna,
in order to thaw the cocks and that the wind had
conveyed tome of the embers into the premifes.
On Friday morning a fire broke out in a cotton
fa Tory belonging to Mr. Hind, fituated in George
Leigh-ftreet, between Ancoats and Newton-lane, Ls-
verpo of, which raged with fuch rapidity, that, before
any affiftance could be procured, the building was
totally dearoyed, together with all the machinery', sc.
Yeflerday fe'nnight John Hambly, the
cultivator of a link farm at Trewithen, in the par&
of St. Kew, Cornwall, bad the whole of his wheat and
barley in the Racks confused by fire. Sufpicion falls
upon his female pariflt apprentice, who has absconded.
Thurfday night, between eight and nine o'clock.*
fire was difcovered in a wishes fhop in Young-bad,
Charlotte-fquare. Edinburgh, which is a Stele that
was totally confumed. A. confiderable quantity of
made work, and, we are forty to add, molt of the
workmens tools, were deltroyed.

A General Bill of all the dhrifienings and &atilt.
from December t ' 1804, to December 17, 1805 :
Chriftese4 is tie so Pasiihes within the Walls, so39.—Bariad,
1141.
(Uncial in the a; Pariihes without the Wa115,4673-4huied,
63
3 .
Chrilitnal In the s 3 Out-Pariihea in 01116dletea and Sum.
' 8113 •

zoBhr6gradurieel.,
in ebe to Name in elieeliyainl Liberties stilien-
winner, 4214—8uried.4631- , dad.l r 1
oatmeal Males zodur mill
Fannies nee 171" r'l9s '
Burled
Whereof baleFhelanaleidiealesd, 4741 1.11
a 1'7465
:4
.

Under two year* of ap sang Fifty and Baty 104
Between two and five pp Sixty sad [many nay
Five and ten 81426 Seventy and eighty
Twenty and thirty, ; Ninety and •
Thirty and forty a 74 A kindred =red g
Forty and fifty 3819
Increafed in the Butials this year ;27.
There have been executed in London 9 ; of which
number, 6 only have been reported to be buried (as
filch) within the Bahl of Mortality.
Feflive glee, a focial fire fide, and a happy flow of
(pinks, are now congenial with the feafon. To heighten
this combination of blifs, to increafe mental happinefs,
and infpire with a thouland pleating ideas in profped,
what tan mote efentially contribute, at this moment,
than the pofethon of chances in the prefent rich and
molt advantageous Lottery Scheme ?—Thethoughe-...
what ample fortunes fu:h chances may produce !
and what felicity in confequence 1 will give that ad-
ditional force to the imagination, as to render the
holidays more and snore a fcene of lively and facial
enjoyment.

In the Epidemic Fever, wh;ch is fo prevalent at
this time, the zmaiaa yams': Powder is found to be
particularly efEcacinut, as it was in the Influences of
102 and 1803. Eight or ten grains atonid be given
on the firft attack, and continued every Its hours for
a day or two. if the fever mould not fooner fubilde.
In the mean tint* the irritating cough may be allay.
ed by a tea fpoonful of Syrup of Poppies. or by ten
or &fun drops of Laudanum. as occa6on may re.
quire. The early ufe of this Fever Powder• will sot
only cleft a fpeedy cure, but will prevent thee dim.
Serous and long protralked difinfes, which sites
*rife from. colds and criegiass difatderee "be& 66.
slated or Injudiclottily treated.

1417 INTELLIGENCA.

COURT OF CIiANCERY, DEC. E.
LORD REE.SI4:OTaN V. MANSELL.

Thir was a cafe of a fingular nature, the decifion
if which moll be interefting to Lords of Manors.
A balls:ad been filed by Lord Kenfington againtt
be Defendant, a flame cowrie, and holding a copy•
hold edam, fituated at Gloticeffer row. Earl's coat t,
Xenfingtnn, under the Plaintiff, as Lord of the Ma-
nor. The bill recited, that by the ctotom of the
manor, the Lord was entitled to a Cole on the ad-
rniffion of a new tenant. That this c'pyhold was
granted, intim year 1766, to a man of the name of
Frown, without a fine, who, in 1768, forrandered it
by a deed of fettlement to various ufes ; firll, to him-
Celf for life; nest, to his wife for life ; and next, to
t're children of that marriage, in different (hares, in
te— The Defendant was the only furviving child of
Air. Brown; and, on her coming into poffeffion, the
was admitted by Lord Kenfington's bailiff, and as
the elates in that quarter had, of late years, greatly
improved in value, his Lordfhip had 'he copyhold in
qnettion duly of effe I by a Jury, and demanded of
the Defendant a moderate fine of 12,0001. which was
not more than two years' amount of the income ari-
fang from the premifes. This demand was refitted
by the Defendant, and an ejetment bronht againtt
her, under an aft of George the Firft. the title of
which was, " An Al to enable Lords of Manors
more eafily to recover fines, and to proteat infants
and femme: cowrie: from forfeiture." On the trial of
the cattle before Lord Eatseartovost, in the Court
of King's Bench, his Lcirdfhip direded the Plaintiff
'to be nonluited, on the ground of his not being able
Ito produce the deed of admifEon. which was in the
poileffion of. the Defendant. The bill, therefore,
claimed. that the Defendant fhould produce the deed,
to enable his Lordfhip to bring it as evidence in any
future aftion or ejetament which he might think pro-
per to produce in any Court of Law.
Mr. RICHARDS, this day, argued at eonfiderable
length in demurrer againfi the bill, and principally
yelled on the ground, that the prodoaion of the deed
was unneceffary. as the Plaintiff, if he had a right
to eras a fine, on the admiffion of the Defendant,
might have fufficiently proved it by the copy of the
court-roll : and not having levied a fine on the ad-
billion of Brown, the father, the Plaintiff was not
entitled to demand one of the prefent tenant, who
wat admitted by a deed of fettlEment. and not by
defeent, as was provided for by the Al of Parlia-
then t.
Mr. ROMILLY, on behalf of the Plaintiff, contend-
ed, that as his client had been non.fuited, becattfe he
tontlal not give this deed in evidence, he was entitled
to claim the affidance of a court of equity, that he
may be enabled to produce it for the purpufe of fuf-
taining his juft right. He would not himfelf pre.
fume to give any opinion on the judgment of the Lord
Chief Jolliet of the King's Bench, and had a right
to confider that as lava which was fo held to be by
Inch high authority ;but he thought himfelf comps-1
tent to apply fur this redrefs for his client, from a
court of equity.
The Loan Coanctaane kid, that he fancied be
bud be wrung in his opinion of the law, though be
teas unable to dikover it. Were he fitting at Nif
Prier, inflead of deciding as a Chief Jullice of the
Court of King's Bench had done, he fhould have
thought it his duty not only to hold that there was e,
deed of admiffion, but that there was no foch deed
antes it were produced, and given in evidence.—
Nothing was mote clear, or more fully decided, than
that if the Lard of the Manor thought proper to in-
dulge one tenant, by not exa&ing a fine from him,
Ise was not thereby precludetlfrom afTerting his right
to demand it from another. Indeed of non-fuitang
the Plaintiff, becaufe the deed was not produced, he
thought it to be the very ground upon which his
claim could be effabliftted, as that document, indead
of making for him, would be the belt defence the
Defendant could let up. As the cafe appeared to
&int, he mud acknowledge be was unable to recon-
cile the opinion of Lord -Et tatasolovaH with what
be conceived to be the law.
Mr. ROMILLY reggae& that as the opinion of the
Court of King's Bench was decifive of the point, he
was bound to confider it as the law, and his client
therefore had no other redrefs, but to move for anew
trial, or apply for the afEllance of a Court of Equity.
After frame further argument, the Loan Cuenca',
ton ordered the caufe to hand over for a few days.
1y which time he fhould enquire what was the view
which the Lord Chief Judice took of the cafe when
be nosfuked the Plaintiff.
,DRCIMIIIR 21.11116111L1T V. MOSILRY.
In this cafe, which was of a very long and corn-.
fleeted nature, and occupied the attention of the
ourt through the whole of the day, it will be fuffi-
Meat for us to Rate as Much as is neceffary to explain
that part of it on which the Court gave its decifion.
in contemplation of a marriage between a former
lir. Mofeley with the daughter of a Mrs. Roberts,'
;he latter covenanted that, by way of marriage fettle-
anent, the would, by her lalt will, bequeath her lands,
houfes, hereditaments, and eflates, real and perfonal,
to Mr. Mofeley and his wife, or the furvivor of them,
as-tenants for life ; and afterwards to their children,
male and female, in the manner preferibed in the
agreement. She made her will accordingly, and
Mrs. Mofeley, having furvived her hufband, was for
a (hurt time in poffeffion, and, by her lad will, be-
qiieathed her chafes. real and perform], to Mr. Mar-
fey, executor, in null for her fon, the Plaintiff, then
a minor ; but fubjeat to the payment of her funeral
expences, legacies, and debts, and alio to payment of
In much of the debts due by her late hufband, to Mr.
Idaffey, as the fate of his own perfonal efiates were
infufficient to defray. Mr. Mofeley died in 1786,
and in tome former proceeding, it was referred to the
Mader to inquire whether Mr. hdaffey was to be
charged with interett of the turns of money which he
received, as executor, and employed en his own ac-
itount, and alto with the colts of this fait ?
11 The aide was argued very fully on both fides by
Meffrs. ROMILLY, RICH•RDS, PIGOTT, ALIXANDWR,
WITHSRALL, Ste, comprehending mod of the Gell-
tlemen of eminence at the Bar. On the application
made this day for farther infirndions to the Makes,
LThe LORD CH ascaLLos, after a very patientandat-
renrive hearing of the cafe, raid, that he fhould forbear
making any comments on the manner in which the
Defendant had difcharged the duties of his triad, and
sn.quiting into the mourn of his coedit& It how.

tier clearly appeared that he had takes very,large
iitirtsdselooging to the truß, out. of the .competent
feetnitie, tinder which they were making an intered •
of 51. per cent. and employed them either in his own
concerns. or in filch manner as he thought proper
it was alfo manila, that he might have made the
fame imerell on them, if he pleated to do fo. An
executor, ailing in that manner, whatever might
have been his intentions, did not come before she
Court in fo favourable a predicament as to be entit.
I led to any particular indulgence, without an ;than.
donment of its duty, in fuperintending the intereft of
infants. He had no hefitation, therefore, to dire&
that he fhould be charged with intereft for every fum
of money, the rents and produce of there Oates, from
the time of his-receiving them, and with yearly rents
for the computation of the balances. Having dif-
pofcd of that part of the tafi, the next queflion was,
what the quantum of that intereft fltould then be ?
It was the general Ixrailice of that Cotfrt, where
executors had to inquire into competent fecurities for
the difpolal of money at intereft, and endeavoured to
employ it to the hell advantage. to charge them with
nn more interea than at the rate of 41: per cent ; but,
in this indance, though it was (hewn that Mr. Maffey
had laid dut tome fume of money at 4 and a half
per cent. interen ; yet, as he might have done fo
only. with a view of favour and preference, at the
time that he might have placed them at an intereft of
51. per cent. and as he retained the remaining turns
in his own hands, the Court could not admit that
colourable thew of employing the money of the ttult
to the bell advantage, and he, therefore, duetted, that
he fhonld be charged at the poll interell of 51. per
cent. As to the cods, he obferved,that,after the Court
bad decided that this gentleman. as executor and
trullee of the will, and guardian of the infant, ought
to be eharged with the full intend already direded,
it could not in equity, make the elate of the infant
liable to the payment of cods incurred in refilling a
• demand wllith it pronounced to be a jnfl one ; and,
upon this and fome other grounds-, he directed that
' the Defendant lhould alfo Iwcharged with the cotta
' in this refpee.
There were alto Come other inflrudiors applied for,
but, as they turned on very nice and delicate quer-
, lions arifing from the law of contingent remainders,
furvivorihips, and the reprefentatives of deceafed in.
• rants, it would be impotlible for us to go into all the
voluminous and technical details which would be ne-
catty for explaining them.

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