SIR T. WILSON'S ESTATE BILL. (Hansard, 5 May 1830)

The Earl of Mansfield
objected to its further progress, as it would prove exceedingly injurious to the town of Hampstead, and to all those who held property in its vicinity. The father of Sir T. Wilson had, by will, limited the power to grant leases to the term of twenty-one years—the son now required leave to let the ground for building on leases of ninety-nine years; and the simple question was, whether Parliament would interpose to alter the avowed and express object of the testator. The grounds on which Sir T. Wilson might be supposed to apply for the interference of the Legislature to set aside the will of his father were, either the occurrence of something which the testator had not anticipated, the omission of something which he should have done for the improvement of the estate, or such an altered state of circumstances as rendered it imperatively necessary to make new arrangements. No such reasons were, however, given by Sir T. Wilson; and it was plain, from the fact of his father allowing him to let one estate for ninety-nine years, and restricting his power in another, that he did not intend that Hampstead Heath should be let in the manner desired by the present tenant for life. The House might think it unreasonable, but the power of the father to make the arrangement was unquestionable; and he contended from this, as well as from the injury it would inflict on the copyholders of Hampstead, that the House ought not to interfere for the purpose of altering the will, which limited Sir T. Wilson's powers to dispose of the property.

§ Lord Arden
supported the Bill. He believed that their Lordships had uniformly given their consent to bills of this description, and he saw no good reason for departing from the usual custom on that occasion. Within a few years several hundred bills of this description had received their Lordships' approbation.

§ Lord Tenterden
was understood to say, that it was customary in law not to suppose in any holders of property for life a power to let it, unless that power was given to them by the testator. In this case, by such a power having actually been given to the present Sir T. Wilson over his Woolwich estates, while no such power was conferred over his estate at 424 Hampstead Heath, it was to be presumed that he ought not to have it given to him. On this principle he thought the Bill ought not to pass.