1836. MAYOR OF LYONS V. EAST INDIA the vanity of doing it, still often I could not prevent my feeling to be sensible of the pleasure of what I did; and as I have often encouraged and humoured others in their vanities, provided the good act was done, I am in hope that I shall receive the same indulgence, having never had at heart to increase my worth or fortune, but for the ambition of doing good to others. I am in hope my wishes and last will be executed and fully performed after my death; and to be understood also, that at the, or after the death of those to whom I have given pension for during their lives, at theirs death these are to be resumed, and be brought to the stock of my estate, as to serve to increase the establishment, as hereafter will be mentioned, and to create or establish others, as I may devise during the course of my life; or if I have not done it myself, they are to be done as may be devised by my executors, administrators, or assigns, or the trustee of my estate, after consulting able men on the subject of establishing useful, and charitable establishments for the public good. My executors, administrators, or trustees, I may and will, if time admit my choosing properly, name them at the end of this will and testament." In the following articles of his Will, from 2 to 17, the testator proceeded to make various bequests of legacies, and annuities, to the females of his household and to his servants. These legacies, as summed up in the abstract, amounted to 13,460 rupees. By the 17th article the testator directed the payment, as soon as his death should happen, of the sum equivalent to the amount of the monthly and yearly pension, amounting to 13,460 sicca rupees, and an investment to be made of the sum of 2,00,000 rupees, in the East India Company's treasure; and he also directed the payment of two months' wages, over and above the wages he might owe to his servants at his death; and in the abstract there was a corresponding memorandum after the sum of 13,460 rupees. By the 18th and 19th articles the testator gave legacies for the purpose of building a house for two of his women, Boulone, or Lise, and Sally, and he also gave several legacies to his women and servants, the amount of which was again recapitulated in the abstract. By the 20th article he gave various bequests to his relations in France. In the 21st article the testator gave a life-interest in some, and his absolute property in other, parts of his landed estate at Lucknow, to the two women, Boulone and Sally. The 22d article was principally a declaration of his religious sentiments. The 23d article was in these terms :-"I give and bequeath the sum of 1,50,000 rupees for to be placed out at interest, in the most secure manner possible, in the East India Company or Government papers bearing interest, to be employed for the poor. First, having divided this interest, in three portions or parts, one portion of that interest to serve for the relief of the poor of Lucknow, of any religion they may be, preferring the Christian and Hindoo. This to be managed or distributed by Christian, padree, or priest, either Roman-catholic, Protestant, or Mussulman mollah. That charity to be in kind, either grain, flour, baked or unbaked, and to be delivered to the poor at a fixed hour in the forenoon, and at the place near where my tomb or monument is erected. And at that place 1836. MAYOR OF LYONS บ. EAST INDIA COMPANY. 1836. MAYOR OF LYONS v. EAST INDIA they shall be an inscription on a stone, marbles or others, mentions the charity and my name, as that it may known the sum established for the charity and the donor, in this manner: The sum of 1,50,000 sicca rupees is the gift of Major-General Martin, born at Lyons, for the interest of it to be daily distributed to the poors of Lucknow, at perpetuity' requesting the magistrate, or prince, or nabob, governing the country, to protect that charity, that it may not be abused and not be unpaid. Another portion of that interest to be made and employed for the poor of Calcutta, to be managed by the curate of the English Church and distributed by him, observing to have an inscription on a carved stone, to be fixed on the wall of the church or any other public place, where the charity is to be distributed, this inscription and to be such ones as the Lucknow one. One's purpose of this inscription is, that it may never be forgot, and that if perchance the cash of the interest was not paid, that charitable man could by seeing such an inscription, inquire and represent to the magistrate, as to bring to account my administrators, trustees, or other managers, for having neglected the payment of such charity. The third portion of the interest is to serve for the relief of the poor of Chandernagore, and to be managed by the head of the French church, either curate, priest, or other; also to be delivered to the poor daily, at a fixed hour, at or near the gate of the church of Chandernagore. At that place, also, to have such carved stone on the wall of the church, with the same inscription as at Lucknow, in French language, at Calcutta in English, and at Lucknow in Persian and Hindoo. The inscription to be as said before, viz. 'The sum of 1,50,000 sicca rupees is the gift of Major-general Claude Martin, born at Lyons, aged years, and died the . . month of . . . in and is buried at pray for the year. By the 24th article, the testator gave and bequeathed the sum of 2,00,000 sicca rupees to the town of Calcutta, "for to be put at interest in government paper, or the most secure mode possible; this principal and interest, to be put under the protection of Government or the Supreme Court, that they may devise an institution, the most necessary for the public good of the town of Calcutta, or establishing a school for to educate a certain number of children of any sex, to a certain age, and to have them put prentice to some profession, when at the conclusion of their school, and to have them married when at age; and I also wishes that every year premium of few rupees, or 1836. MAYOR OF LYONS V. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA other thing, and a medal, be given as to the most deserving or virtuous boy or girl, or both, to such that have come out of that school, or that are still in it, and this to be done on the same day in the month as I be died; that day those that are to be married are to be married, and to have a sermon preached at the school to the boy and girl of the school, afterward a public dinner for the whole, and a toast to be drink'd in memorandum of the fondator. This institution is to bear the title of La Martinière, and to have an inscription, either on stone or marble, in large character, to be fixed on any part of the school, on it wrote, 'Instituted by Majorgeneral Martin, borne the . . . of January 1735, at Lyons, who died the day, month, and year, mentioning the day, month, and year, and buried at .. mentioning the place. And as I am little able to make any arrangement for such an institution, I am in hope Government or the Supreme Court, will devise the best institution for the public good, and to have it, as I said above mentioned, the name of the institutor. every article of my or the will and testament is or are fully settled, and every article provided and paid for the several pensions, or other gifts, donation, institution, and other, any sum remaining may be made to serve-first, buy or build a house for the institution, as that it may be made permanent and perpetual by securing the interest by Government paper either in India or Europe, that the interest annually may support the institution, for this reason I give and bequeath 1,50,000 sicca rupees more, according to the proportion that may remain after every articles of this testament is fulfilled, then this sum to be added for the permanency of that institution, making the sum of 3,50,000 sicca rupees. After |