of December, 1829; and it was ordered that the said master should inquire whether John Fitall, in the pleadings of this cause named, was living or dead; and if the said master should find that the said John Fitall was dead, then it was ordered that he should inquire and state when he died. And it was ordered that the said master should inquire whether Henry James Hungerford, in the pleadings also named, was living or dead; and if the said master should find that the said Henry James Hungerford was dead, then it was ordered that he should inquire and state when he died, and whether he was married or unmarried at the time of his decease; and if married, whether he left any, and what, children or child him surviving; and the said master was to inquire and state the ages of such children, respectively, if more than one. And it was ordered that the said master should inquire and state to the court whether Madame de la Batut had any claim on the said testator Smithson's estate; and, for the better discovery of the matters aforesaid, the usual directions were given, and his lordship did reserve the consideration of all further directions, and of the costs of this suit, until after the said master should have made his report. That, in pursuance of the said decree, the said master made his report, dated the 23d day of March, 1838, which stands absolutely confirmed by an order dated the 27th day of March, 1838, and thereby certified he found that the sum of £53 7s. 6d. was justly due and owing to Messrs. Thomas Clarke & Co., the solicitors for the defendant Charles Drummond, from the estate of the said testator; and he found that the said John Fitall was dead, and that he died at Bush house, Wanstead, in the county of Essex, on the 14th day of June, 1834; and he found that the said Henry James Hungerford assumed the name of De la Batut, and was known as Baron Eunice de la Batut and died at the Royal hotel, called the Donzelle, situate at Pisa, on or about the 5th day of June, 1835, without ever having been married, and without leaving any issue. And the said master certified that he was of opinion and did find that the said Mary Ann de la Batut, in her right, was entitled to a claim on the estate of the said testator, James Smithson, for an interest during the life of the said Mary Ann de la Batut, in a moiety of the annual income or sum of 7,673 livres de rentes, in the report mentioned, amounting in value to the annual sum of £150 9s. sterling money of Great Britain and Ireland, calculated at

the current rate of exchange in the city of London, on the 8th day of March, 1838; and he found that the income arising from the said French stock or fund, called livres de rentes, was payable and paid half-yearly by the French Government, on or about the 22d day of March and the 22d day of September in each year; and he also found that there was due and owing to the said Mary Ann de la Batut, (or the said Theodore de la Batut, in her right,) from the estate of the said testator, James Smithson, the sum of 13,427 francs 75 centimes, for arrears of the said annuity, from the 22d day of September, 1834, to the 22d day of March, 1838, amounting in value to £526 11s. 6d., sterling money of Great Britain and Ireland, calculated at the current rate of exchange in the said city of London, as aforesaid; and he found that the annual income or annuity to which the said Mary Ann de la Batut (or the said Theodore de la Batut, in her right) was entitled for her life out of the estate of the said testator, James Smithson, amounting to £150 9s. sterling money of Great Britain and Ireland as aforesaid. And whereas the above named plaintiff and Richard Rush did, on the 3d day of May, 1838, prefer their petition unto the right honorable the master of the rolls, setting forth as therein set forth, and praying that the residue of the several stocks, funds, and securities, and cash, respectively, standing in the name of the accountant general of this court, in trust in the cause of Hungerford es. Drummond, and in trust in this cause, which should remain after providing for and satisfying the annual and other payments directed by the will of the said testator, and the costs and charges to which the estate of the said testator had been rendered liable by virtue of the several proceedings and measures aforesaid, or any of them, might be respectively transferred, (the amount thereof to be verified by affidavit,) in the books of the governor and company of the Bank of England, and paid to the petitioner, Richard Rush; and that the boxes and packages mentioned in the said master's report might be delivered into the custody of the petitioner, Richard Rush. Whereupon all parties concerned were ordered to attend his lordship on the matter of the said petition, when this cause should come on to be heard for further directions; and this cause coming on this present day to be heard before the right honorable the master of the rolls for further directions on the said master's said report, and as to the measure of costs reserved in the said

decree, in the presence of counsel learned on both sides: upon opening and debate of the measure, and hearing the said decree, the said report, the said order dated the 27th day of March, the said petition, and the accountant general's certificates read, and what was alleged by the counsel on all sides, his lordship doth declare that the plaintiff is entitled to the residue of the several stocks, and securities, and cash, respectively, standing in the name of the accountant general of this court, in trust in this cause, and also in trust in a certain other cause of Hungerford against Drummond, in the master's report mentioned, and the other property of James Smithson, the testator, in the pleadings in this cause named, after providing for the payment hereinafter directed; and it is ordered that the sixty-two thousand seven hundred and thirty-nine pounds nineteen shillings and two pence bank three pounds per cent. annuities, twelve thousand pounds reduced annuities, and sixteen thousand one hundred pounds bank stock, respectively, standing in the name of the said accountant general, in trust in the cause of Hungerford vs. Drummond, and the sum of one thousand seven hundred and sixty-five pounds two shillings cash in the bank, remaining on the credit of the said cause, be respectively carried over in trust in and to the credit of this cause; and the said accountant general is to declare the trust of the said several sums of stock, accordingly, subject to the further order of this court; and out of the said sum of one thousand seven hundred and seventy-five pounds two shillings cash, when so carried over, and the sum of two hundred and four pounds six shillings and eight pence cash in the bank, on the credit of this cause, it is ordered that the sum of fifty-three pounds seven shillings and six pence be paid to Mr. Thomas George Fynmore; and thereout, also, it is ordered that the sum of five hundred and twenty-six pounds eleven shillings and six pence be carried over, with the privity of the said accountant general, and placed to the credit of this cause, to an account to be entitled "The account of the annuitant Mary Ann de la Batut;" and thercout, also, it is ordered that the sum of twenty-five pounds be paid to Mrs. Elizabeth Fitall, (as executrix of John Fitall, deceased;) and it is ordered that it be referred to the master to whom this cause stands referred, to tax all parties their costs of this suit, and relating thereto, properly incurred; the costs of the plaintiff, and of the defendant Charles Drummond, to be

ة

taxed as between solicitor and client; and it is ordered that the amount of such costs, when taxed, be paid out of one thousand three hundred and sixty-four pounds nine shillings and eight pence cash, which will then be remaining on the credit of this cause, after the several before mentioned payments, in manner following, that is to say: the costs of the said plaintiff to Mr. Thomas Clarke, his solicitor; and the costs of the defendant Charles Drummond to Mr. Thomas George Fynmore, his solicitor; and the costs of her Majesty's attorney general, to Mr. George Maule, her solicitor. It is ordered that five thousand and fifteen pounds bank three pounds per cent. annuities, part of the six thousand eight hundred and ten pounds nineteen shillings and seven pence, like annuities, standing in the name of the said accountant general, in trust in this cause, and any interest which may accrue on the said sum of five thousand and fifteen pounds bank three pounds per cent. annuities, previous to the carrying over hereby directed, be, in like manner, carried over in trust, in this cause, to the separate account of Mary Ann de la Batut, entitled "The account of the annuitant Mary Ann de la Batut," and the said accountant general is to declare the trust thereof accordingly, subject to the further order of this court. And it is ordered that the interest and dividends thereof, which shall accrue during the life of the said Mary Ann de la Batut, be paid to her during her life, or until the further order of this court, for her separate use, and on her sole receipt, by equal half-yearly payments, on the 22d day of September and the 22d day of March in every year; the first payment thereof to be made on the 22d day of September next. And it is ordered that the said sixty-two thousand seven hundred and thirty-nine pounds nineteen shillings and two pence bank three pounds per cent. annuities, twelve thousand pounds reduced annuities, and sixteen thousand one hundred pounds bank stock, when so respectively carried over, and one thousand seven hundred and ninety-five pounds nineteen shillings and seven pence three pounds per cent. annuities, residue of the said six thousand eight hundred and ten pounds nineteen shillings and seven pence, like annuities, after such carrying over of part thereof as aforesaid, and the residue of the said sum of one thousand three hundred and sixty-four pounds nine shillings and eight pence cash, after the payments thereout hereinbefore directed, (the amount of such residue to be verified by affidavit,) be transferred

and paid to Mr. Richard Rush, in the plaintiff's bill named. And it is ordered that the boxes and packages in the master's report of the twenty-eighth day of June one thousand eight hundred and thirty-one, in the said cause of Hungerford vs. Drummond mentioned, be delivered into the custody of the said Richard Rush, as attorney or otherwise for the plaintiff; and, for the purposes aforesaid, the said accountant general is to draw on the bank, according to the form prescribed by the act of Parliament, and the general rules and orders of this court in that case made and provided; and any of the parties are to be at liberty to apply to this court as they may be advised. H. H. Entered: E. R.

Richard Rush to Clarke, Fynmore & Fladgate.

MAY 31, 1838.

you

GENTLEMEN: I need scarcely again make known to you what I have so frequently urged in person since the decision on the 9th instant, viz: my anxiety to have the necessary document from the proper office of the court, by which the Smithsonian fund adjudged to the United States may be placed at my disposal. But, whatever the past obstacles which may not have been able to prevent, I must ask the favor of your renewed and best exertions for causing me to be put in possession of it at the earliest possible day; the more so, as we are now at the end of the month, and my being invested with the requisite authority is an indispensable preliminary to arrangements for selling the stock advantageously in June, prior to my embarkation with the fund for the United States. Your past attention to the case is a pledge to me that you will do all in your power to fulfil my wishes; in which assurance I remain,

Your obedient servant,

TO CLARKE, FYNMORE & FLADGATE.

RICHARD RUSH.

Richard Rush to John Forsyth.

LONDON, June 5, 1838.

SIR: With all my exertions to have the forms necessary for putting me in possession of the Smithsonian fund com