6 [ Rep. No. 181. ] 



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 soUcitors, it is now for 

 the United States, in the event of their accepcing the bequest and the trust 

 coupled w ith it, to come forward, by their representative, and make them- 

 selves parties to an amicable suit before the Lord Chancellor, for the pur- 

 pose of legally establishing the fact of the demise of the first legatee without 

 children, and intestate ; prove their claim to the benefit of the will, and 

 obtain a decree in chancery, awarding them the proceeds of the estate. 

 Messrs. Clarke, Fynmore & Fladgate are willing to undertake the manage- 

 ment of the suit on the part of the United States; and, from what I have 

 learned of their standing, may safely be confided in. Not being acquainted 

 with the exact structure of our institutions, they are not able to point out 

 the exact manner in which the United States should be represented in the 

 contemplated suit ; but they believe that their diplomatic agent here, if con 

 stituted, for that purpose, the legal representative of the President, would 

 be recognised by the court of cliancery as the proper organ of the United 

 States, for all the purposes of the will. 



Should it be thought unnecessary to await the action of Congi'ess to 

 authorize the institution of the requisite legal proceedings, and should the 

 course suggested by the solicitors meet the views of the President, his power 

 of attorney, authorizing the diplomatic agent here to act in his name, will, I 

 appreliend, be necessary ; and, as the suit will involve some expense not con- 

 nected with the contingent fund of the legation, your instructions upontliis 

 branch of the subject will likewise be desirable. 



I am, sir, with great respect, 



Your obedient servant, 



A. VAIL. 

 John Forsyth, Esquire, 



Secretary of State of the United States, Washington. 



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. Druramonds, 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 

 tlie will, stock amounting in value to about £100,000. During Mr. Hun- 

 gerford'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 survivino: 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 disposi- 

 tion of the property. On reference to the will, it will appear that it is not 

 very clearly detined to whom, on behalf of the United States, the property 

 sliouM be paid or transferred ; indeed, there is so much doubt, that we ap- 

 prehend 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. 



