96 PROCEEDINGS OF THE REGENTS. 



paid over to him for the purpose of establishing the Institution. We 

 have now to make to you as the manager thereof the following com- 

 munication : 



On referring to the papers connected with the Institution you will 

 find that a sum of X5,015 three per cent, consols, part of the estate of 

 Smithson, the founder, were retained in the court of chancery to 

 answer a claim of one Madame de la Batut. That person was, in fact, 

 entitled to a life interest in the fund, and at her death it was to revert 

 to the President as an additional fund for the purposes of the Insti- 

 tution. 



Madame do la Batut is now dead, so that the fund has become 

 transferable to the President, and it will be requisite for him, or some 

 person duly authorized by him, to take the necessary steps to obtain a 

 transfer. 



We have had some communication with the solicitor of the lady's 

 family, who writes as follows : 



"My client, Mr. La Batut, upon taking out administration to his 

 late mother. Madame La Batut, to whom Lieutenant Colonel Henry 

 Lewis Dickinson, by his will dated 17th July, 1819, gave half of the 

 income of his property, for her life, will be entitled to an apportioned 

 part of such income from the last payment, on the 22d March, 1858, 

 to 10th September, in the same year, which would amount to 

 about £10. 



"The property originally consisted of French 5 per cent, rentes, 

 payable 22d March and 22d September, but b_y order of the court a 

 sum of <£5,015 three per cent, consols was invested in the name of the 

 accountant general in this suit, to the separate account of Mary Ann 

 de la Batut, the annuitant, to meet the paj'ments of the life income. 

 By the law of France, the life income is apportionable and payable 

 up to the time of death, and Lieutenant Colonel Dickinson having 

 been domiciled in France at the time of his death, that law will apply 

 to this case. 



"Will you be good enough, under these circumstances, to obtain 

 the consent of your client in presenting a petition as to the X5,015 

 and the arrears of dividends due thereon, to ask for the payment to 

 my client of the apportioned sum out of such arrears, without obliging 

 him to go to the expense of proving the law of France upon this sub- 

 ject. I will hand you the necessary proof of death, the expense of 

 which can be included in the necessary costs of the application." 



We should recommend that the request contained in this letter be 

 complied with. 



We have the honor to be, sir, your most obedient servants, 



FLADGATE. CLARKE & FINCH. 



To the Smithsonian Institution, 



Washington, U. S. 



40 Craven street, Strand, 



London, W. C, October 26, 1861. 



Sir : Your letter of the 14th August reached us in the long vaca- 

 tion which has just terminated, and avc hasten to reply to it. 



