Auboin, at Bourg la Reine, near Paris, I give and bequeath for his life the whole of the income arising from my property of every nature and kind whatever, after the payment of the above annuity, and after the death of John Fitall, that annuity likewise, the payments to be at the time the interest or dividends become due on the stocks or other property from which the income arises. Should the said Henry James Hungerford have a child or children, legitimate or illegitimate, I leave to such child or children, his or their heirs, executors and assigns, after the death of his, her, or their father, the whole of my property of every kind absolutely and forever, to be divided between them, if there is more than one, in the manner their father shall judge proper, and in case of his omitting to decide this, as the Lord Chancellor shall judge proper. Should my nephew Henry James Hungerford marry, I empower him to make a jointure. In case of the death of my said nephew without leaving a child or children, or of the death of the child or children he may have had under the age of 21 years or intestate, I then bequeath the whole of my property, subject to the annuity of £100 to John Fitall, and for the security and payment of which I mean stock to remain in this country, to the United States of America, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men. I think it proper here to state, that all the money which will be standing in the French five per cents. at my death in the names of the father of my above mentioned nephew, Henry James Hungerford, and all that in my name, is the property of my said nephew, being what he inherited from his father, or what I have laid up for him from the savings upon his income. JAMES SMITHSON. [L. S.] |