SMITHSONIAN BEQUEST.

WILL OF JAMES SMITHSON.

I, JAMES SMITHSON, son of Hugh, first Duke of Northumberland, and Elizabeth, heiress of the Hungerfords of Audley, and niece of Charles the Proud, Duke of Somerset, now residing in Bentinck street, Cavendish Square, do this 23d day of October, 1826, make this my last will and testament:

I bequeath the whole of my property of every nature and kind soever to my bankers, Messrs. Drummonds of Charing Cross, in trust, to be disposed of in the following manner, and desire of my said executors to put my property under the management of the court of chancery.

To John Fitall, formerly my servant, but now employed in the London Docks, and residing at No. 27, Jubilee Place, North Mile End, Old Town, in consideration of his attachment and fidelity to me, and the long and great care he has taken of my effects, and my having done but very little for him, I give and bequeath the annuity or annual sum of £100 sterling for his life, to be paid to him quarterly, free from legacy duty and all other deductions, the first payment to be made to him at the expiration of three months after my death. I have at divers times lent sums of money to Henry Honoré Juilly, formerly my servant, but now keeping the Hungerford Hotel, in the Rue Caumartin at Paris, and for which sums of money I have undated bills or bonds signed by him. Now, I will and direct that if he desires it, these sums of money be let remain in his hands at an interest of five per cent. for five years after the date of the present

will.

To Henry James Hungerford, my nephew, heretofore called Henry James Dickinson, son of my late brother Lieut. Col. Henry Louis Dickinson, now residing with Mr.

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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.]

CORRESPONDENCE.

Clarke, Fynmore & Fladgate to A. Vail.

CRAVEN STREET, STRAND, [LONDON,] July 21, 1835. SIR: We send you, enclosed, the copy of a will of Mr. Smithson, on the subject of which we yesterday did ourselves the pleasure of waiting upon you, and we avail ourselves of the opportunity to repeat, in writing, what we verbally communicated.

Pursuant to the instructions contained in the will, an amicable suit was, on the death of the testator, instituted in chancery by Mr. Hungerford, against Messrs. Drummonds, the executors, under which suit the assets were realized. They were very considerable; and there is now standing, in the name of the accountant general of the court of chancery, on the trusts of the will, stock amounting in value to about £100,000. During Mr. Hungerford's life he received the income arising from this property; but news has just reached England that Mr. Hungerford has died abroad, leaving no child surviving him.

It now becomes necessary that measures should be taken for the purpose of getting the decision of the court of chancery, as to the further disposition of the property. On reference to the will, it will appear that it is not very clearly defined to whom, on behalf of the United States, the property should be paid or transferred; indeed there is so much doubt, that we apprehend that the Attorney General must, on behalf of the crown of England, be joined in the proceedings which it is requisite that the United States should institute.

We act in this matter for Messrs. Drummond, the bankers, who are mere stake-holders, and who are ready to do all in their power to facilitate getting the decision of the court, and carrying into effect the testator's intentions. We shall therefore be happy to communicate with such professional advisers as your Government may think fit to

appoint to act for them in this country. In the mean time, we may perhaps be permitted to add, that it is perfectly competent for us to carry on the proceedings, on behalf of the United States, and possibly some expense and delay may be avoided by our so doing.

Having thus briefly stated the nature of the business, we at present abstain from making any suggestions as to the party in whose name proceedings should be adopted, considering the point should be determined by our counsel here, after the opinion of the proper law officers in the States has been taken on the subject.

Any further information you may require, we shall be happy to give you, and are, sir,

Your most obedient servants,

CLARKE, FYNMORE & FLADGate.

A. VAIL, Esquire, 49 York Terrace.

A. Vail to John Forsyth.

LEGATION OF THE UNITED STATES,

LONDON, July 28, 1835.

SIR: The papers which I have the honor herewith to communicate to you will acquaint you with the particulars of a bequest of property to a large amount, left to the United States by a Mr. James Smithson, for the purpose, as stated in the will, of founding, at Washington, an institution "for the increase and diffusion of knowledge among men." The

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letter of Messrs. Clarke, Fynmore & Fladgate, the solicitors, by whom I was apprised of the existence of the will, together with the inquiries I have made, leave no doubt of its having been established, and its dispositions recognized by the court of chancery, the first legatee under it having, for several years, and to the time of his death, received the income of the property, which is stated to have amounted to upwards of £4,000 per annum.

According to the view taken of the case by the solicitors, it is now for the United States, in the event of their accepting the bequest and the trust coupled with it, to come forward, by their representative, and make themselves parties to an amicable suit before the Lord Chancellor, for the pur