§ Lord Lyndhurst
rose to move the second reading of the Thellusson Estate Bill. He said, that when he first submitted this Bill to the House he did so without knowing any portion of the Thellusson family who might be benefited by the measure. He took the matter up on a principle of justice, and he was greatly surprised at the opposition which had been offered to the measure. Whether it was to be continued he knew not; but although he felt 637 the greatest possible respect for the noble Lords who bad been foremost in that opposition, he would say, that notwithstanding the deference which he entertained for their opinion, he deemed it to be his duty to persevere with this measure. Much had been said on the subject of precedent, and no man was more unwilling than himself to make new precedents; but, as the noble and learned Lord on the Woolsack had observed, this case could never be quoted as a precedent, because a Bill had been brought in for the specific purpose of preventing the recurrence of a similar case. He could say, on the authority of Sir Anthony Hart, who, when Vice-Chancellor, had made certain orders in this case, that the proceedings connected with it could never be cited as matter of precedent. He knew their Lordships' respect for testamentary documents, but the object of the testator's extraordinary will was to secure accumulation; that object bad failed; and he was sure that, so far from running counter to the testator's wishes, the present Bill would, if it were possible, receive his approbation, for it was intended to devote a part of his property to the use of his descendants, instead of allowing it to benefit strangers. Large funds were lying useless. Now, he said, let the late Mr. Thellusson's descendants have a portion of these funds, in order that they may be educated in a manner suitable to their future rank in society. There was in this measure no infringement of a legal principle—there was nothing that militated against strict justice, and therefore he should move "that this Bill be now read a second time."
§ Bill read a second time.
§ Ordered to be committed to a Select Committee.