entered the service of the East India Company as a Cadet, and after passing through the various intermediate grades of his profession, he attained in 1793 the rank of a major-general. He never, however, received full pay for any higher rank than that of captain, with which he entered, in 1766, into the service of the Nabob Vizier of Oude, under the sanction of the British Government; and he continued in that service, occasionally commanding the troops of the Nabob Vizier, residing at Lucknow, and receiving his half-pay as a captain from the East India Company, until his death on the 6th September 1801. On the 1st of January 1801, General Martin signed and executed his Will, bearing that date, in the presence of the British Resident at Lucknow, and two other persons, who duly attested its execution. At that time, and at the period also of his death, he was possessed of large landed estates in the provinces of the Nabob Vizier, where the Mahomedan law is the law of the country; in the territories of the East India Company, governed by the Regulations of the Governor-general in Council; in the city of Calcutta, under the jurisdiction of the Supreme Court in the town of Chandernagore, originally a French settlement, and wherein the French law still prevails, although within the presidency of Fort William; and in the kingdom of France; he was also possessed of very considerable personal estate of every description, including large investments in the government securities of the East India Company, and in the British funds. The Will was composed, and written by the testator himself, as he therein declares, in the English language, of which he had a very imperfect 1836. MAYOR OF LYONS v. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA knowledge. It was divided into 34 articles or clauses, and there was added to it a paper described by the testator as "Abstract No. 1 A," containing a recapitulation or statement of the legacies, and other bequests, contained in the different clauses of the Will, with the amount of each pecuniary bequest set forth in figures. The abstract was thus entitled, "No. 1 A, Abstract of the articles and pensions and sums, to be paid as I gave and bequeathed by my Will and Testament wrote by me the 1st of January 1798, of which abstract I mentioned in folio 6, line 9th, and folio 7, line 10th, and also afterward. This is wrote by me. Witness my hand. Cl. Martin." Annexed to the Will, and also referred to therein, were certain accounts during four years, 1795, 1796, 1797, 1798, to 1st May 1799, taken from the ledgers or account-books of the testator, showing the debts due by, and to him, with his own valuation of the various kinds of property he possessed, both real and personal, balanced on the 30th April in the first three years, and on the 1st of May in the last year. The abstract and these accounts were proved with the Will. By the first article of his Will, the testator, after giving their freedom to all the women, males, and women servants, eunuchs, and others that belonged to him, and should be in his service at the time of his death, and commending therein especially his faithful girl Boulone, or Lise, who had lived with him as his wife, to the especial care of the persons thereafter named as executors of his Will, he expressed himself in these terms (a): "I' desire, that (a) The extract from the Will are literal, the language and orthography being preserved. as soon as I am dead, that the sum of 4,00,000 1836. MAYOR OF LYONS V. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA India Company's treasure, for the purpose that will be mentioned hereafter; and as I have made several others large gift for charitable purpose (b) as will be seen by the several articles hereafter mentioned, which at this moment stand on the list or abstract No. 1, A; for building other establishment, to the sum of sicca rupees 7,74,000, and for once 2,85,300 sicca rupees (c); and also for a sum to be paid annually, the sum of sicca rupees for monthly pensions, annually 35,760 (d) for these above sums. The next best of my fortune is to be appropriated for these establishment and charities, and others building, as my tomb, seray women, houses, compounds, and others, as mentioned in the several articles hereafter mentioned. These sums are always to be deposited in the Honourable Company's treasure while the Honourable Company exist, or if ever abolished, to be deposited in the Town-house, Supreme Court, or Government existing for the time, as that these sum or sums may be secured, and never to run the risk of being lost by private security of individual, it is my reason for having these sum or sums deposited in the existing Government treasure, with power to draw occasionally the sums required, for to go on with the buildings that are to be erected. The interest will serve to pay the annual pension, donation, or expences for entertaining and keeping in good order the said building. Any sum remaining for the interest of the sum deposited in Honourable Company, in theirs promissory notes or bonds, or others of more or less interest, and under others denomination than Company's paper, such as bond (b) Augmented to 10,74,000 sicca rupees.—Cl. Martin. (c) 2,95,300.-Cl. Martin. (d) Augmented to 39,760 sicca rupees.-Cl. Martin. These additional sums were expressed by interlineation in the ori of Government, or others bearing interest, as I said any sum remaining from the interest, after having paid the several annually and monthly pension, this sum remaining is to serve for to purchase more Stock in the said secure fund for the time being, as to be also placed as the other, for to be enabled to produce also an interest for the benefit of my estate. And when a sufficient sum or sum, equal to be enabled to increase the four establishments mentioned in articles one, two, three, four, or five, and in the succession of years, in case of good management, luck, and good fortune, no accident happening, that these sums deposited, or others that may be deposited, as I may hereafter mentioned, I also desire, request, or command my executor, administrators, or their assigns, that they would devise with themselves, and with the best advice they could receive, that in case, as I say'd, by succession of the time that the sum that may be deposited exceed by great deal, the interest necessary to be paid for the monthly or annual pension, donation, &c., yearly and monthly, as mentioned, and that they are a sufficiency without interfering or touching any of the principal for the annual or monthly pension and disbursement above-mentioned, then they may, after having well considered, make any new establishment for charitable purpose on the same plan, and with the same formality to be observed in them as mentioned to those I have herein recommended, that the donor may be known after his death; which ambitious. purpose may induce other to make charitable establishment, may kind being more actuated by ambition and vanity, in hope I may be excused for such an idea. Though I have endeavoured never to be laid or actuated in doing good act by |