10 SMITHSONIAN BEQUEST. 



Hungerford, who is still living and married to a. Frenchman 

 of the name of De la Batut, has put in a claim to a part of 

 the property; but as the claim is small, and not likely to 

 come to much, the mother of Mr. Hungerford not having 

 been married to his father, it is scarcely necessary at this 

 time to detail the circumstances. 



I asked at what time from the present the earliest sitting 

 of the court of chancery would be held. They replied in 

 November. It will be my object to get the fund for the 

 United States without a lawsuit in chancery of any kind, if 

 this be practicable ; and towards an end so desirable my 

 further reflections and measures will for a while be directed, 

 taking care that I do not lose the advantage of all proper 

 applications at the first term of the court, for whatever form 

 of suit or other legal proceedings may be found indispens- 

 able. 



I have nothing further of any importance to communi- 

 cate at this juncture. I delivered to the minister of the 

 United States, Mr. Stevenson, the letter from the acting 

 Secretary of State of July 27th, requesting his good ofii*ces 

 in behalf of the public object with which I am charged, 

 should they be needed; and I cannot close this letter with- 

 out adding that I have already received co-operation from 

 him that has been useful, and which gives earnest of the 

 zealous interposition of his further aid, should it be re- 

 quired. 



I have the honor to remain, with great respect, your obe- 

 dient servant, 



KicHARD Rush. 



Hon. John Forsyte, Secretary of State. 



The Case Stated by Mr. Rush. 



The testator died at Genoa on the 'Alih day of June, 1829, 

 and on the 4th of November, in that year, the will was 

 proved in the prerogative court of Canterbury, by Mr. 

 Charles Drummond, one of the banking-house of that firm, 

 mentioned in the will. 



Soon after his death, an amicable suit w^as instituted in 

 the court of chancery, by Henry James Hungerford, his 

 nephew, against Mr. Charles Drummond, as executor, for 

 the purpose of having his assets administered under the 

 direction of that court. The usual orders and decrees were 



