406 APPENDIX TO JOURNAL. 



of the said party of the first part, that the real estate hereinbefore con- 

 veyed shall have been diverted from the purposes of this trust, to be 

 gathered from this instrument in all its parts and provisions, so as 

 substantially to defeat or plainly to be inconsistent with and repugnant 

 to this trust, construed and interpreted in a liberal and sensible spirit ; 

 and thereupon, as in case of a breach of a strict condition-subsequent, 

 the heirs, devisees, assigns, or other proper legal representatives in the 

 premises of the said William W. Corcoran, shall be entitled to re-enter 

 upon the said real estate as of his, the said Willim W. Corcorau's, right 

 and title prior to the execution of these presents, aud as if the same 

 had never been executed ; and in like manner all and every other estate, 

 property, chattel, or valuable thing, the title to which shall have pro- 

 ceeded in the premises from the said William W. Corcoran to the said 

 trustees or their successors aud assigns, shall, as far as may be consist- 

 ent with the rules and principles of law and equity, revert and be re- 

 vested in right of the said Corcoran or his proper legal representatives 

 therein. 



Eighthly. That the said board of trustees may at any time hereafter, 

 in its discretion, apply for and accept an act of Congress incorporating 

 them aud their successors, so as to facilitate the execution of this trust, 

 by vesting the same in a perpetual body-corporate, with the like pow- 

 ers and for the same trusts, intents, and purposes herein declared, ex- 

 pressed, or indicated, but for no other trusts, intents, or purposes what- 

 soever; such act of incorporation to refer to this deed, and to be expressed 

 to be in execution of the trusts thereof ; and thereupon the said parties 

 of the second part, and the survivors and survivor of them, or the heirs 

 and assigns of such survivor, shall execute such conveyances as may be 

 necessary to transfer the whole property of this trust to such corpora- 

 tion, upon the trusts of this deed. 



And whereas the lots of ground and improvements hereinbefore de- 

 scribed and referred to have, by reason of the exigencies of the public 

 service of the United States, been rented and occupied for the public 

 use, without any special contract, but subject to the constitutional pro- 

 vision that " private property shall not be taken for public use without 

 just compensation," which just compensation for the whole period of 

 such occupation by the United States now remains to be paid ; and 

 considering the same properly to belong to this trust, as being of the 

 rents, issues, and profits of the ground aud buildings which he had here- 

 tofore, and as early as the year 1859, devoted and dedicated to the trusts 

 and purposes hereinbefore formally declared : Now, therefore, in consid- 

 eration of the premises, and of the sum of $1 by the said parties of 

 the second part to him in hand paid, he, the said party of the first part, 

 hath assigned, transferred, and set over, and by these presents doth assign, 

 transfer, and set over unto the said parties of the second part and the sur- 

 vivors and survivor of them, and the executors, administrators, and 

 assigns of such survivor, all and singular the rents, issues, and profits 

 of the lots of ground and improvements hereinbefore described, for and 



