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Case file s56 · Military families · 1805
1805
Horatio Nelson, 1st Viscount Nelson: Rear-Admiral Sir Horatio Nelson, 1758-1805 label QS:Len,"Rear-Admiral Sir Horatio Nelson, 1758-1805"label QS:Lar,"نائب أ
Horatio Nelson, 1st Viscount Nelson. Lemuel Francis Abbott. Public domain, Wikimedia Commons.
Died
21 October 1805
Place
HMS Victory, off Cape Trafalgar
Field
Navy · Military on the timeline
Legal tradition
English common law; perpetual annuity by Act of Parliament · Common law
Historical event
Battle of Trafalgar

Nelson left Emma Hamilton to the nation; Parliament paid his brother and Emma died in debt in Calais

On the morning of Trafalgar, Horatio Nelson wrote a codicil leaving Emma, Lady Hamilton "a legacy to my King and country". He asked that she get "ample provision to maintain her rank in life" and left their daughter Horatia to the nation's care. He had no legitimate children. His brother William, a clergyman, was made Earl Nelson. The earldom carried a £5,000 annuity payable to its holders in perpetuity, and Parliament granted £90,000 to buy an estate. Nelson's sisters received £30,000 more. The estate, Standlynch in Wiltshire, became Trafalgar House. Emma got nothing under the codicil. Nelson's will left her £2,000. She was prosecuted for debt in 1813, fled to Calais in 1814 and died there on 15 January 1815. By 1946 the earls had drawn about £285,000 from the annuity. In 1889 they had refused a commutation offer of about £135,000. On 3 December 1946 the Commons voted 271 to 102 for the Trafalgar Estates Bill, which ended the annuity after the 4th Earl and his brother. In 1948 the 5th Earl sold the house and 3,415 acres for about £58,000†. Simon Nelson, 10th Earl, holds the title in 2026†, with no annuity and no estate.

What the law took from it

A codicil that asks the state for money binds no one, and money tied to a title goes to the title's heir, not to the people the testator named.

Family version vs. the record

Emma's 1813 petition said Earl Nelson kept the codicil in his pocket until the day the money was voted to the family ( In the 1946 Commons debate Wilson Harris said she was adequately provided for, while Foot and Gallacher said Parliament ignored Nelson's wishes (

Cite as: celebrity.estate, “Nelson left Emma Hamilton to the nation; Parliament paid his brother and Emma died in debt in Calais,” story s56, https://www.celebrity.estate/nelson-1805, updated 30 October 2026.

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