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DEATHS.-Nov.

works for exhibition, and said, "There's a fine, a very fine busto; let the man who made it be known-remove one of my busts and put this one in its place,

case may be; and neither of such annual suins to be apportionable for a broken part of a year; and the clear residue of the same monies shall be laid out by the President and other members composing such Council, for the time being, of the Royal Academy, or of such other society or association as aforesaid, when and as they all think it expedient, in the purchase of WORKS OF FINE ART OF THE HIGHEST MERIT IN PAINTING AND SCULPTURE that can be obtained, either already executed or which may hereafter be executed by artists of any nation, provided such artists shall have actually resided in Great Britain during the executing and completing of such works, it being my express direction that no work of art, whether execated by a deceased or living artist, shall be purchased, unless the same shall have been entirely executed within the SHORES OF GREAT BRITAIN. And my will further is, that in making such purchases preference shall, on all occasions, be given to works of the highest merit that can be obtained, and that the prices to be paid for the same shall be liberal, and shall be wholly in the discretion of the Presi dent and Council of the Royal Academy, or of such other society or association as aforesaid. And my will further is, that such President and Council, in making their decision, shall have regard solely to the intrisnic merit of the works in question, and not permit any feeling of sympathy for an artist or his family, by reason of his or their circumstances or otherwise, to influence them. And I do bereby farther direct, that such President and Council shall not be in any manner obliged to lay out and expend in every or any one year, either the whole or any part of the monies so paid over to them for the purpose aforesaid, or any accumulations that may arise therefrom, but that the same respectively may, from time to time, be reserved and accumulated for a period not exceeding five successive years, if such President and Council shall see occasion. And I do expressly declare my will and mind to be, that no commissions or orders for the execntion of works to be afterwards purchased as aforesaid, shall at any time be given by such President and Council to any artist or artists whomsoever. And I futher declare my will to be, that the President and Council of the Royal Academy, or of such other society or association as aforesaid, do and shall within the succeeding year next after any work shall have been purchased by them as aforesaid, cause the same to be publicly exhibited for the period of one calendar month at the least, in the annual exhibition of the Royal Academy, or in soine important public exhibition of Fine Arts, the name to be selected by such President and Council, subject to such regulations as they shall think fit and proper. And I direct that the said works shall be selected by the decision of a majority of the members of the Council for the time being of the Royal Academy, or of such other society or association as aforesaid, the President thereof having in such selection one vote as a member of the Council, and a casting vote as President thereof, And I do hereby expressly direct, that after every purchase shall have been made by such Council, the names of

for it well deserves it." Often afterwards, when desired to model a bust, the same excellent judge would say, in his most persuasive manner, "Go to

those members of the Council who shall have sanctioned or opposed such purchase shall be entered in some book to be kept for that purpose, which book shall at all times remain open for the iuspection and reference of all the members of the Royal Academy, or of such other society or association as aforesaid, and of the trustees or trustee for the time being of this my will. And it is my wish and intention, that the works of Art so purchased as aforesaid, shall be collected for the purpose of forming and esta blishing A PUBLIC NATIONAL COLLECTION OF BRITISH FINE ART IN PAINTING AND SCULPTURE executed within the shores of Great Britain, in the confident expectation that, whenever the collection shall become or be considered of sufficient importance, the government or the country will provide a suitable and proper building or accommodation for their preservation and exhibition as the property of the nation, free of all charges whatever on my estate. And it is my wish that my trustees or trustee, for the time being, and the President and Council of the Royal Academy, or of such other society or association as aforesaid, shall use their best endeavours to carry my object into proper effect. But I expressly direct, that no part of my residuary pure personal estate, or of the annual income thereof, shall be appropriated in acquiring any depositary or receptacle whatever, for the aforesaid works of Art, otherwise than in providing a place of temporary deposit and security whenever needful, and in defraying those expenses which shall be absolutely required for the necessary preservation of the said works of Art, so long as they shall remain in such place of temporary deposit. And in case the Royal Academy and such other society or association as aforesaid, if any, shall be dissolved or cease to act for the purposes aforesaid, I do hereby direct, that the trustees or trustee for the time being of this my will, shall endeavour to obtain the authority and sanction of Parliament to some proper scheme for the future application of the annual income of my residuary pure personal estate, such scheme being in strict accordance with my intention hereinbefore expressed, viz., that such income shall be for ever devoted towards the encouragement of Fine Art in Painting and Sculpture executed within the shores of Great Britain. And it is my earnest request, that my said wife do, with all convenient speed after my decease, apply for and endeavour to obtain an Act of Parliament settling, or authorising her to settle, the said freehold and copyhold hereditaments, and other real and mixed estate to which she may become entitled under this my will, or so much thereof as shall remain after defraying the expenses of applying for and obtaining such Act of Parliament and making such settlement, upon the same trusts as are hereinbefore declared concerning my residuary pure personal estate, but not so as to double or otherwise increase all or any of the annual or other sums hereinbefore made payable thereout, but so nevertheless that my said wife may have a life interest therein, or in such part thereof as she may desire. Nevertheless, I declare, that no forfeiture shall be occasioned by want of such Act of Parliament, but that, in case the same should not be

DEATHS.-Nov.

Chantrey, he's the man for a busthe'll make a good bust of you; I always recommend him." He did recommend him; and sat to Chantrey for his own

obtained, the same freehold and copyhold hereditaments, and other real and mixed estate, shall go and be held and enjoyed under this my will, in the same way as if no such request had been contained in relation thereto. And I do hereby nominate and appoint my said wife, Mary Ann Chantrey, and the said Charles Stokes, George Jones, and Charles Hampden Turner, executrix and executors of this my will.

But I hereby declare, that if either of my said executors shall be indebted to me at the time of my decease, such debt or debts shall not be extinguished by reason of his being so appointed an executor. [Here follow clauses to authorise the trustees to act in cases where he himself held property in trust, and, in case of death, &c., to appoint new trustees, &c.] And it is my earnest wish, that such appointment be made within three calendar months next after the happening of any such vacancy as aforesaid, and that the number of three trustees may be kept up during the lifetime and widowhood of my said wife, and that after her decease the trustees be increased to FIVE, by adding to the number of three the President and Treasurer for the time being of the Royal Academy, or of such other society or association as aforesaid, so that the number of five trustees, always including such President and Treasurer, shall thenceforth be kept up, &c. [Clauses for investing new trustees with full power.] And I direct that every trustee who shall be appointed under the power hereinbefore contained (excepting the President and Secretary of the Royal Academy, or of such other society or association as aforesaid) shall upon his appointment receive one clear sum of 100%. sterling, to be retained out of the income of my residuary pure personal estate for the current year in which any such appointment shall take place, the same sum to be some remuneration for the trouble imposed upon such new appointed trustee. [Here follow the customary clauses for the legal discharge, reimbursement, and security of the trustees.] In witness whereof I, the said Sir Francis Chantrey, the testator, have to this my last will and testament, &c., set my hand, this thirty-first day of December, in the year of our Lord One thousand eight hundred and forty. F. CHANTREY, — Signed, published, &c.- Witnesses, John Walter, 4, Symond's Inn, Attorneyat-law, Rose Mary Walter, 47, Ebury Street, Pimlico, Spinster.

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THIS is a codicil to the last will and testament of me, Sir Francis Chantrey, of, &c.Whereas, in and by my said will, I have directed, that in case my friend and assistant, Allan Cunningham, shall be acting as my assistant at the time of my decease, it is my wish that my executors should engage his services to assist in the completion of the works therein referred to, and generally in the adjustment of my professional affairs, at such stipend or other usual remuneration as he may be in receipt of from me at the time of my decease; and upon the completion of the said works, and the winding up of my professional affairs, in case the said Allan Cunningham shall superintend the same to the satisfaction, in all respects, of my executors, and shall be living at the above

bust. In the same year Chantrey became the successful candidate for a statue of George III. for the City of London. This was his first statue, and

period of completion, I have given and be queathed unto the said A. Cunningham the sum of 2,000. sterling, free from legacy duty, but without any interest in the meantime. Now I do hereby, in addition to the said sum of 2,000!. so given to him, give and bequeath to him, the said Allan Cunningham, one annuity or clear yearly sum of 1007. for and during the term of his natural life, payable quarterly out of the rents or interest and dividends of the leasehold and other property hereinafter mentioned, given and bequeathed by my said will to my wife, Mary Ann Chantrey. And after the decease of the said Allan Cunningham, I give and bequeath a like annuity or clear yearly sum of 100l. to Jean Cunningham, the now wife of the said Allan Cunningham, for and during the term of her natural life, payable quarterly out of the rents or interest and dividends of the leasehold and other property hereinafter mentioned, given and bequeathed by my said will to my said wife. And whereas, as to all those leasebold messuages or tenements and hereditaments situate in Lower Belgrave Place and Eccleston Street, &c. &c., and all the rest and residue of my present and future real and mixed estate of what nature and kind soever, I have primarily subjected and charged the same to and with the payment and satisfaction thereout of all my just debts, &c., in addition to the aforesaid charges thereon, I further charge all and singular the same leasehold hereditaments and premises and real securities, and the principal and interest due thereon, and the residue of my real estate, and other the premises lastly hereinbefore mentioned, with the payment of the said several annuities hereby given and bequeathed to the said Allan Cunningham and Jean Cunningham his wife, it being my will and intention that all my other personal estate shall be wholly exonerated from the aforesaid payments or any of them; and subject and charged as aforesaid, I give and bequeath all and singular the same leasehold hereditaments and premises and real securities, and the principal and interest due thereon, and the residue of my real estate, and other the premises lastly hereinbefore mentioned unto and to the use of my said wife, Mary Ann Chantrey, ber heirs, executors, administrators, and assigns absolutely, to and for her and their own use and benefit. And in all other respects I ratify and confirm my said will. In witness whereof, I, the said Sir Francis Chantrey, have to this codicil to my said will set my hand this third day of November, in the year of our Lord One thousand eight hundred and forty-one.-F. CHANTREY.-Signed, published, &c. - Witnesses, John Walter, Attorney-at-Law, 4, Symond's Inn, Rose Mary Walter, 47, Ebury Street Pimlico.

Proved at London, with a codicil, the 15th of December, 1841, before the Worshipful Robert Joseph Phillimore, Doctor of Laws and Surrogate, by the oaths of Dame Mary Ann Chantrey, widow, the relict, Charles Stokes, Esq., George Jones, Esq., and Charles Hamp den Turner, Esq., the executors, to whom aðministration was granted, having been first sworn duly to administer.

DEATHS.-Nov.

it is at once easy and dignified. He now rose rapidly in public estimation, and in the following five years executed busts of most of the leading public men. In 1817, then newly made an Associate of the Royal Academy, he executed his celebrated performance "The Sleeping Children," now in Lichfield cathedral. There is not a more exquisite group in the whole range of modern sculpture than Chantrey's Two Children, the daughters of the Rev. W. Robinson, in Lichfield cathedral. The sisters lie asleep in each other's arms, in the most unconstrained and graceful repose. The Snowdrops which the youngest had plucked are undropped from her hand, and both are images of artless beauty, and innocent and unaffected grace. Such was the press to see these children in the exhibition, that there was no getting near them; mothers, with tears in their eyes, lingered, and went away, and returned, while Canova's now far-famed figures of Hebe and Terpsichore stood almost unnoticed by their side. Orders now crowded in upon him as they were never known to crowd before upon a British sculptor. In 1816 he was elected an Associate of the Royal Academy, and an Academician in 1818. In the latter year he exhibited a bust of John Rennie, the engineer, one of his most admirable heads, and that exquisite little statue at Woburn, of Lady Louisa Russell, the present Marchioness of Abercorn. The child stands on tiptoe, with a face of the most exquisite and arch expression, proud with delight of the dove which the fondles in her bosom. All who have been at Woburn will recollect this little figure; but the trays of the Italian boys have given it a wider, and only its deserved celebrity. From this period Chantrey obtained an European celebrity; and there is scarcely a personage of eminence in any rank or profession who has not been perpetuated in the works of this great artist: a list of his busts and statues were a catalogue of cotemporary worthies. When the Marquess Camden was elected Chancellor of the University of Cambridge, Chantrey was made an honorary M.A., and he received from William IV. the honour of knighthood, in 1835. A Baronetcy was offered him, but refused, on the ground that he had no one to succeed him in the honour. Sir Francis died of

He

a spasm of the heart, which, upon his body being opened, was found to be partially ossified [see Coroner's Inquest in the Chronicle]. Sir Francis Chantrey was about five feet seven inches high, of a stout make, and one of the most active and vigorous men of his time, but latterly inclined to corpulence. His head and face were very fine; his eyes round and lustrous, one useless for vision, but in no way apparently different from its fellow. had been bald from an early age. His voice was agreeable, his conversation humorous and sarcastic by turns, and always animated. He had mixed much with the world, and knew it better by experience than by books. Chantrey possessed a very choice and exquisite cabinet of sculpture, antiques, medallions, &c. Many of these he purchased. at public sales. It was an appropriate and affecting, though unpremeditated circumstance, that his dead body lay, at the Coroner's inquest, amidst many of the finest forms of the ancient sculptors, of which he had collected the best casts that could be procured. The mortal remains of this celebrated sculptor were consigned to their restingplace at his native village, on the 6th of December.

26. At Genoa, in her 45th year, the Right Hon. Louisa Elizabeth Countess of Durham. Her Ladyship was the eldest daughter of Earl Grey, K.G., by the Hon. Mary Elizabeth Ponsonby, only daughter of William Brabazon first Lord Ponsonby, and married in 1816, John George Earl of Durham, (then Mr. Lambton). The noble Earl died in 1840, leaving his entire property and the charge of his family to the Countess, who yielded herself with entire devotion to the duty: it has, however, pleased Providence to remove her ere her task had well begun.

At Dublin, Sir Thomas Molyneux, the fifth Baronet, of Castle Dillon, co. Armagh (1730), General in the Army.

30. In Hyde Park Gardens, in his 52nd year, Sir George Henry Freeling, bart., eldest son of the late Sir Francis Freeling, bart., Secretary of the General Post Office. Under him Sir Henry acted as Assistant Secretary for twenty years; and shortly after the death of his father, in 1836, he was appointed a Commissioner of Customs, which appointment he held at the time of his decease.

DEATHS.-Nov.

Lately. In France, M. Audouin, a distinguished Member of the Academy of Sciences, especially attached to the Agricultural Section, Professor of Entomology at the Museum of Natural History, and author of many works on Zoology, of which his “Memoirs on the Insects most destructive to Agricultural Produce," are much esteemed. M. Audouin died at the early age of 44.

DECEMBER.

1. At his house, in Finsbury-square, in his 66th year, George Birkbeck, M.D., President of the London Mechanics' Institute. Dr. Birkbeck was the son of a merchant and banker of considerable eminence at Settle, in Yorkshire, where he was born on the 10th Jan. 1776. After studying for the medical profession at Leeds, he removed to London, where he had the good fortune to become a pupil of the celebrated Dr. Baillie, whose friendship he retained until the end of that illustrious man's career. He then, to complete his education, repaired to Edinburgh, where he formed a friendship with Brougham, Horner, Jeffrey, &c. Before the 22nd year of his age, he was appointed Professor of Natural Philosophy in the Andersonian Institution of Glasgow. Dr. Birkbeck had practised for many years as a physician in the city of London and enjoyed a considerable share of reputation. Dr. Birkbeck had, at an early period of his life, established a mechanics' class at Glasgow, which was so successful as to induce him, in the year 1822, to found the London Mechanics' Institution in Chancerylane, to which society he nobly lent the sum of 3,000l. to enable them to erect a theatre suitable for the purpose of delivering lectures, &c., and of which he was elected President. From this, the parent institution, various other similar societies have been established, with more or less success, in almost every considerable town in Great Britain. Dr. Birkbeck was mild and equable in his temper and disposition, benevolent in spirit, and possessing great suavity of manners.

He spoke

with singular neatness and fluency; and his ideas were as clear as his language. Whenever he appeared among the mechanics, he was welcomed as a father and friend; he was highly appreciated

by a very large circle of private friends, and was held in great esteem by the most eminent public literary and scientific men of the day.

10. At the Adelphi hotel, Liverpool, aged 56, Philip Courtenay, esq., Queen's Counsel, and a Bencher of the Inner Temple. Mr. Courtenay was a member of Trinity College, Cambridge, where he graduated B.A. 1805, M.A. 1808. He was called to the Bar at the Inner Temple, July 1, 1808; and afterwards attended the Common Law Courts, and went the Northern Circuit. He also received the appointment of standing counsel to the Mint. He was promoted to the rank of Queen's Counsel in Hilary Vacation, 1833. In the last Parliament of 1837-1841, he sat for the borough of Bridgewater, and advocated Tory principles. His death took place under circumstances of a peculiarly distressing character. [See Chronicle.]

In Guildford-street, aged 84, Samuel Birch, esq,, formerly a distinguished member of the Corporation of London.

11. At Farming Woods, in Rockingham Forest, Northamptonshire, Lady Anne Fitzpatrick. This lady, and her younger sister, Lady Gertrude Fitzpatrick, were the two last surviving members of the family of Fitzpatrick, Barons and Earls of Upper Ossory.

At Mellerstain House, co. Rox. burgh, aged 78, George Baillie, esq., of Mellerstain and Jerviswood, heir presumptive to the earldom of Haddington, Mr. Baillie represented in Parliament the county of Berwick from 1796 to 1818.

14. At her house in Molesworthstreet, Dublin, at an advanced age, Lady Elizabeth Mathew, of Thomastown Castle, co. Tipperary, the last descendant of the family which bore the title of Llandaff. Francis James, second Earl of Llandaff, and K.P., died without issue in 1833; when the estates devolved upon his only sister, Lady Elizabeth. They now devolve on Louis William, Vicomte de Rohan Chabot, K.C.H.. aide-de-camp to the King of the French, and formerly a Major-General in the British service.

15. At his residence at Brighton, in his 83rd year, the Right Hon. John Fane, tenth Earl of Westmoreland. His Lordship was born on the 1st Jan. 1759, and having passed through the usual routine of school and college education,

DEATHS.-DEC.

he was married, on the 20th May, 1782, to Sarah Anne, only child of Robert Child, esq., of Osterley-park, Middlesex, the head of the great banking-house in Fleet-street, who bequeathed the bulk of his property to the eldest daughter of the deceased Earl, Lady Sarah Sophia Fane, married to the present Earl of Jersey. By his first wife Lord Westmoreland had four daughters and two sons, of whom one son and two daughters survive. His Lordship became a vidower on the 9th of November 1793, and remained seven years unmarried. On the 24th of March 1800, he espoused Jane, the second daughter and co-heir of Mr. Richard Huck Saunders, M.D., and sister of the Viscountess Melville. By this second marriage the noble Earl had issue three sons and one daughter, of whom three survive, namely, the daughter and two of the sons; the second Countess survives. The noble Earl succeeded to his title and estates in the twenty-fifth year of his age, on the death of his father, the ninth Earl. The administration of the Irish Government was committed to his charge by Mr. Pitt, at a period quite as eventful as any that have since occurred, and demanding as much prudence and skill as a chief governor could be called on to exercise. His Lordship undertook the office of Lord-Lieutenant of Ireland in the month of January 1790, and continued to fill it for five years. Lord Westmoreland did not long remain out of the public service. He became a member of the Cabinet in two years afterwards (1797), holding the office of Lord Privy Seal, which he retained till the death of Mr. Pitt gave to the Whigs a six months' tenure of power. In 1807 be resumed his former situation of Lord Privy Seal, and continued to hold it till the retirement from office of the late Lord Liverpool broke up the last Ministry to which the application of Tory is strictly applicable, and made way for the coalition which Mr. Canning at that time formed with the Whigs, the duration of which was so brief, and the influence of which on public affairs is so little remembered. The noble Earl was a Knight of the Garter, and Lord-Lieu tenant of Northamptonshire, in which his estates are principally situated; he was also Recorder of Lyme Regis; but for many years past declined any attention to public affairs, which he could with propriety avoid, for the infirmities

inseparable from his advanced age rendered him naturally averse to any exertion which a strict sense of duty did not actually impose. The Earl is succeeded in his titles and the entailed estates by his eldest son, Lord Burghersh, now eleventh Earl of Westmoreland, a Lieutenant-General, many years Minister Plenipotentiary at the Court of Tuscany, and now Ambassador to the Court of Prussia.

At the Linnean Society's apartments, Soho-square, in his 42nd year, David Don, esq., Professor of Botany in King's College, London. He was the second son of Mr. George Don, the curator of the Royal Botanic Garden in Leith Walk, near Edinburgh. About twenty-five years ago he came to London, carrying with him an introduction from a friend to the celebrated botanist, Mr. Robert Brown. Through his powerful recommendation he was successively appointed Keeper of the Lambertian Herbarium and Librarian of the Linnean Society. In 1821 he accompanied his early friend to Paris, and there formed acquaintance with some of the most eminent continental naturalists, amongst whom were Humboldt, Cuvier, and Delessert. Mr. Don's Prodomus Flora Nepaulensis, and various excellent papers in the Linnean Transactions, having brought him prominently into notice in the botanical world, he was chosen Professor of Botany in King's College, London; and he may be said to have fallen a martyr to his sense of duty as a lecturer, for he resolutely delayed to the end of the session an operation recommended by Sir B. Brodie, by whom his life might have been saved, and it was then found to be too late.

At his residence, High Beech, Essex, aged 66, William St. Julien Arabin, esq., serjeant-at-law, one of the Judges of the Central Criminal Court, and Judge of the Sheriff's Court in London, Deputy Judge Advocate, and one of the Verderers of the forests of Epping and Hainault. Mr. Serjeant Arabin was the only surviving son of the late General Arabin, at whose demise he succeeded to extensive estates in Middlesex and Essex. He was called to the Bar at the Inner Temple May 8, 1801, when he selected the Home Circuit, and practised at the Old Bailey and other metropolitan sessions. He was called to the degree of Serjeant-at

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