12 SMITHSONIAN BEQUEST. 



otherwise made known to the Lord Chancellor, at whatever 

 time and in whatever manner may be thought proper. 



The United States having acceded to the bequest, the 

 first duty of the undersigned is to obtain, for his high con- 

 stituent, possession of the fund without any delay that can 

 be avoided. 



His questions for the opinion of counsel in England, are : 



1st. Can possession of it be obtained wnthout a suit? 



2d. If not, what is the form of suit or other legal pro- 

 ceeding w^hich, by the laws of England, will give promise 

 of putting the United States in possession of the fund in 

 the most effectual and prompt manner ? 



Richard Rush. 



London, October 1, 1836. 



Opinion of Counsel. 



1st. We are of opinion that the possession of the fund 

 cannot be obtained without a suit. 



2d. We think that the best course will be, that a bill, in 

 the nature of a supplemental bill, should be filed in the 

 name of the President of the United States of America, 

 against the executors of Mr. Smithson, praying that the 

 United States may be entitled to the fund upon trust, for 

 the purposes expressed in the will : and that, upon obtain- 

 ing a decree to that effect, a petition should be presented, in 

 the name of the President and Mr. Rush, praying that the 

 fund may be transferred to the latter, as the agent of the 

 United States, appointed under the act of Congress. 



As we understand that the testator, Smithson, was ille- 

 gitimate, w^e think that it will be advisable to make the 

 Attorney General a party to the suit, in order that he may 

 represent before the court any claim w'hich the Crown may 

 have, either by reason of the question of the validity of the 

 limitation to the United States, after a limitation to illegiti- 

 mate children, or by reason of any part of the property 

 consisting of interests in land. 



Thomas Pemberton. 

 Edward Jacob, 



Lincoln's Inn, November 2, 1836. 



