Boc. No. 10. 27 



day of June, 1S35. without ever having been married, and without leav- 

 ing any issue. And the said master certified that he was of opinion and 

 did find tliat the said iviary Ann de la Batut, in her right, was entitled to 

 a claim on the estate of the said testator, James W. Smithson, for an in- 

 terest during the life of the said Mary Ann de la Batut, in a moiety of 

 the annual income or sum of 7,073 livres de rentes, in the report men- 

 tioned, amounting in value to the animal sum of £150 9s. sterling money 

 of Great Britain and Ireland, calculated at the current rate of exchange in 

 the city of London, on tiie Sth day of March, 1S38; and he found that the 

 income arising from the said Frencli stock or fund, called livres de rentes, 

 was payable and paid half-yearly by the French Government, on or about 

 the 2 2d day of March and the 2 2d clay of September in each year ; and he 

 also found that there was due and owing to the said Mary Ann de la Ba- 

 tut, (or the said Theodore de la Batut, in her right,) from the estate of the 

 said testator, James Smithson, the sum of 13,427 francs 75 centimes, for 

 arrears of the said annuity, from the 22d day of September, 1834, to the 

 22d day of March, 1838, amounting in value to £526 lis. 6d., sterling 

 money of Great Britain and Ireland, calculated at the current rate of ex- 

 change in the said city of Loudon, as aforesaid ; and he found that the 



j annual income or annuity to v/hich the said Mary Ann de la Batut 

 * (or the said Theodore de la Batut, in her right) was entitled for her 

 life out of the estate of the said testator, James Smithson, amounting to 

 £150 9s. sterling money of Great Britain and Ireland as aforesaid. And 

 whereas the above-named plaintiff and Richard Rush did, on the 3d 

 day of May, 1838, prefer their petition unto the right honorable the mas- 

 ter of the rolls, setting forth as therein set forth, and praying that the resi- 

 due of the several stocks, funds, and securities, and cash, respectively, stand- 

 ing in the name of the accountant general of this court, in trust in the cause 

 of Hungorford vs. Drummond, and in trust in this cause, which should 

 remain after providing for and satisfying the annual and other payments 

 directed by -the will of the said testator, and the costs and charges to which 

 the estate of the said testator had been rendered liable by virtue of the 

 several proceedings and measures aforesaid, or any of them, might be 

 respectively transferred, (the amount thereof to be verified by affidavit,) 

 in the books of the governor and company of the Bank of England, and 

 paid to the petitioner, Richard Rush •, and that the boxes and packages 

 mentioned in the said master's report might be delivered into the custo- 

 dy of the petitioner, Richard Rush. Whereupon all parties concerned were 

 ordered to attend his lordship on the matter of the said petition, when 

 this cause should come on to be heard for further directions ; and this cause 



, coming on this present day to be heard before the right honorable the mas- 

 ter of the rolls for further directions on the said master's said report, and 

 as to the measure of costs reserved in the said decree, in the presence of 

 counsel learned on both sides : upon opening and debate of the meas- 

 ure, and hearing the said decree, the said report, the said order dated the 

 27th day of March, the said petition, and the accountant general's certifi- 



[ cates read, and what was alleged by the counsel on all sides, his lordship 

 doth declare that the plaintiff is entitled to the residue of the several 

 stocks, and securities, and cash, respectively, standing in the name of the 

 accountant general of this court, in trust in this cause, and also in trust 

 in a certain otlier cause of Hungerford against Drummond, in the master's 



|i report mentioned, and the other property of James Smithson, the testator, 



I ill the pleadings in this cause named, after providing for the payment 



