perty of Claude Martin or Louis Martin, because the succession of Louis had, by the laws of France, been accepted sous benefice d'inventaire; and they submitted, that by what was due from the estate of Louis to that of Claude Martin, ought to be paid into the hands of Claude's executors in Europe; but they stated that such account was the subject of a suit, at that time, in the French tribunals. The answer of Pierre Balloffett and Claudine his wife, was to a similar effect, except that they admitted having received 40,000 francs from Louis Martin on account of the legacy left to Claudine by the testator, Claude Martin. No account of the application of the sum of 45,707 l. 9 s. 5 d. was ever given to the Supreme Court, though, in a subsequent stage of the proceedings, an admission was stated to have been made by the French legatees before the Master, of their having received from Louis Martin their legacies, amounting to 1,85,000 rupees, or about 23,125 7. sterling. On the 16th of August 1819, by an order of the Supreme Court, the three first-mentioned causes of The Advocate-general v. Palmer, The Mayor of Lyons v. Palmer, and Martin v. The Advocategeneral, were consolidated, and the Master was directed to take an account of the rents and profits of the testator's real estates out of Calcutta, come to the defendant's possession; that the parties to the two latter suits, should be parties to the account then taking in the Master's office, in the suit of The Advocate-general v. Palmer, and be bound by it; that the Master should make one report in the three causes; and that 20,000 rupees should be paid out of the assets in the hands of the 1836. MAYOR OF LYONS V. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA executors, to the agent of the Mayor of Lyons, on account of the legacy mentioned in the 25th clause of the Will, for the liberation of prisoners at Lyons. On the 25th November 1822, the Master made his report in the three consolidated suits, whereby he found, that the personal estate of the testator, and the rents and profits of his real estate, as well out of as in Calcutta, and come to the hands of Palmer and Deverinne, after giving credit for necessary disbursements, and making all just allowances, amounted, on the 31st October then last, to sicca rupees 28,55,963,5 a. 4p., and the particulars of which he therein set forth; and after stating that he caused the usual advertisements for creditors and legatees to be made, but that no creditor or legatee had come in before him, the usual claims under the 25th article of the testator's Will having been satisfied under the commission of 11th December 1816, and that the sum of 25,833 l. 6s. 8d. was admitted to have been paid by Palmer on account of such claims, he proceeded to set forth who were the several persons next of kin of the testator at the time of his decease. This report was confirmed without opposition on the 29th November 1822. On the 2d December 1822, a decree on further directions was made by the Supreme Court, by which it declared that Palmer and Deverinne had fully accounted, and ordered them to pay in the balance in their hands, and that thereupon they should be absolutely discharged and exonerated from the trust and executorship of General Claude Martin's Will, and that the Accountant-general should be appointed receiver of his real estates; and then, after directing some inquiries as to a supposed indemnity bond from Palmer, which on inquiry was found never to have been given, it declared that interest was payable on the 2,00,000 rupees bequeathed to the town of Calcutta from 30th September 1801, being twelve months from the testator's death, to the 6th September 1816, when that sum was paid into court by Palmer and Deverinne; and it directed the Master to inquire whether the estate of the testator was adequate and sufficient to pay the additional bequest of 1,50,000 rupees, given by the 24th article of it, to the town of Calcutta, after providing for every other article of it; and for the payment of the annual pensions, gifts, and institutions therein mentioned; and if the Master should so find, it declared the town of Calcutta entitled to this additional sum, with interest from the time the assets should be found sufficient for such payments. It then proceeded to establish, in a similar manner, the bequests to the city of Lyons, and to direct their payment with interest, credit being given for so much of them as had been already paid, and to direct the Master to inquire what principal sum would be sufficient to raise sicca rupees 4,000 annually for the liberation of prisoners detained at Lyons for small debts, and the rates of interest borne by the government securities in which the funds of the testator had been invested since they came into the hands of Palmer; and the Accountant-general was ordered to pay and allow interest on the bequests to Calcutta and Lyons accordingly; and the Master was ordered to inquire and set apart a certain sum for the payment of the testator's annual and monthly pensions, and 4,000 rupees for Boulone and Sally's tombs, as directed by the 30th 1836. MAYOR OF LYONS V. EAST INDIA 1836. MAYOR OF LYONS V. EAST INDIA article of the Will, and to inquire what sums had been already expended, and what would be sufficient, for the keeping up the establishment at Constantia House, and provide for the repairs of the testator's, Sally's and Boulone's tombs, and that such sums should be set apart, together with that necessary for the payment of the pensions in the first instance. The Master was also to ascertain whether the foundation and establishment of the college by the 33d clause of the Will directed to be attached to the foundation of the house, and the bequest of 4,000 sicca rupees per annum for the liberation of prisoners for debt at Lucknow, could, with reference to the intentions of the testator, and the sanction and disposition of the government at Lucknow, be carried into effect, and in what manner, and if it could, he was to allow interest on 1,00,000 sicca rupees, bequeathed for the establishment of the college, from the 30th September 1801; and he was to inquire the amount of the principal which would produce 4,000 rupees annually, in the same way as for the sum bequeathed for the prisoners at Lyons; and to inquire what sums of money had been paid to, or received by Louis Martin, or by any person on his behalf, or his representatives, and how the same and every part thereof had been applied and disposed of; and also to inquire who were the five poorest relations and nearest of kin of the testator, and to set apart 20,000 rupees with interest for them, according to the 20th article of the Will; and he was to inquire whether the Will was duly executed and attested according to the Statute of Frauds, so as to pass real estates at Calcutta; and it declared the proceeds of a house mortgaged to the testator, and sold since his death, to be personal estate; and it declared that the real estate of the testator, situate in Calcutta, was of the nature of freehold estate, and that the heir-atlaw of the testator, according to the law of England, was entitled thereto, and to the rents and profits thereof, if the Will was not duly executed; and the Master was to inquire who was the testator's heirat-law and next-of-kin, according to the English and Mahomedan laws, and what was the domicile of the testator in his lifetime and at the time of his death, and whether by the laws and usages obtaining at Lucknow, the inheritance and succession of deceased persons, being European Christians, were regulated by the Mahomedan law, or by the law of the place or country of the birth, or by what other law or usage; and the Master was to report whether there would be any residue of the testator's estate; and directions were given for taxing the costs of all parties. In October 1828 the Master made a separate report, as to the payment of the pensions to the different legatees then living. On the 3d of February 1830 the Master made his general report, by which, after stating the rate of interest in the government securities, during the periods he was directed by the decree, he found that 3,11, 300 sicca rupees were sufficient for the payment of the legatees and annuitants then living; that the bequest of the sum of 4,000 sicca rupees for the liberation of the prisoners at Lucknow could not be carried into effect; that the Will was signed, sealed, and delivered as his Will by the testator, in the presence of three witnesses; that he had annexed a pedigree, showing that Marie Desgranges Martin, Christophe Durand, Fleurie Martin, Charles Cavier, Marie Martin, and Cath 1836. MAYOR OF LYONS v. EAST INDIA |
