166 JAMES SMITHSON AND HIS BEQUEST. 



li I bequeath the ivhole of my property 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? 



The nephew, Mr. Hungerford (alias H. J. Dickinson), to whom was 

 bequeathed a life interest in Smithson's estate, brought an amicable suit 

 in chancery against the executors for the purpose of having the assets 

 administered under the direction of the lord chancellor, and these were 

 ascertained to be about £100,000 sterling. The income from this prop- 

 erly, which consisted mainly of stock in the public funds of England, 

 was promptly paid to young Hungerford, who led a roving life in Europe, 

 without settled habits or occupation, and died under the name of Baron 

 Eunice de la Batut, at the Royal Hotel in Pisa, Italy, on the 5th of June, 

 1835, under thirty years of age, never having married, and leaving no 

 heirs who could, even under the broad provisions of his uncle's will, make 

 a claim to his bounty. 



The mother of Hungerford, a Mrs. Mary Ann Coates, had married a 

 Frenchman named Theodore de la Batut, and was still living at Port 

 Louis in France. She now made a claim for part of the estate, on the 

 ground that her son had given her an ample allowance while he lived, and 

 that under the will of his father, Col. Henry Louis Dickinson, made in 

 Paris in July 1S19, by which he left all his property to jis brother, James 

 Smithson, half the income was to be for her benefit during her life. It 

 was shown that young Hungerford lived up to his income, and had left 

 nothing even to pay debts or funeral expenses. It was also urged 

 that if Smithson's will had come into operation then, instead of seven 

 years before, Hungerford would, in consequence of an alteration of the 

 jaw, have been entitled to a portion of the accruing half-year's income 

 up to his death; and that, in consequence of the change in the law, he 

 could not be said to have enjoyed the income of the property during his 

 whole life. It was also urged as a "moral claim," that as the Smith- 

 son bequest was to be applied " to increase and diffuse knowledge 

 among men,"' the children of Mrs. de la Batut were entitled to an 

 allowance from it until the age of twenty-two for their education. 



The claim made was for an annuity of £210; but after long nego- 

 tiation the decree was made by the court of chancery to allow Mrs. de 

 la Batut £150 On. during her life, with a payment of £526 11*. (id. for 

 arrears from the 22d September, 1834, to the 22d March, 1838. To se- 

 cure this annuity, the sum of £5,015 in three per cent, consols was re- 

 tained in trust by the court, the interest to be paid on the22d September 

 and -I'd March annually. By the law of France, the life income is ap- 

 portionahle and payable up to the time of death ; and Colonel Dickin- 

 son having been domiciled in France, this rule applied in his case. 



Mis. de la Batut lived to the year 1801, and the amount retained in 

 England as the principal of the annuity was paid over to the Institu- 

 tion on the 11th June, 1864. This is known as the " residuary legacy" 



