[ Rep. No. 181. ] 7 



We act in this matter for Messrs. Drumraond, 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 advi- 

 sers as your Government may think fit to appoint to act for them in this coun- 

 try. 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 ^elay may be avoided by our so doing. 



Having thus briefly stated the nature of the business, we at present ab- 

 stain from making any suggestion as to the party in whose name pro- 

 ceedings 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, 



CLARK, FYNMORE & FLADGATE, 

 Craven street^ ^Strand, 2lst July, 183.5. 

 A. Vail, Esquire, 49 York Terrace. 



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 litde 

 for him, I give and bequeath t\ye anrmity 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 Honore Juilly, formerly my servant, but now keeping the Hunger- 

 ford Hotel, in the Rue Caumartin at Paris, and for which sums of money I 

 have undated bills or bonds signed by him. Nov/, 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 tlie date of the present will. 



To Henry James Hungerford, my nephew, heretofore called Henry James 

 Dickinson, son of my late brother Lieut, ('ol. Henry Louis Dickinson, now 

 residing with Mr. Auboin, at Bourg la Heine, near Paris, I give and be! 

 queath 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 alter the death of John Fitall, that annuity likevv^ise, the payments to 

 be at the time the interest or dividends become due on the stocl« or other 

 property from w4iich the income arises. 



Should the said Henry James Hungerford have a child or children, legiti . 

 mate or illegitimate, I leave to such child or children, his or tlieir 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 



