12 SMITHSONIAN BEQUEST. 



of the pxecutors and one of the }):inkino- house of that name in Lon- 

 don; that Ilenrv James Hungerford, the testator's nephew, to whom 

 was bequeathed the whole of his property for life, subject to a small 

 annuity to another person, brought an amicable suit in chancery against 

 Messrs. Drunmiond, the executors, for the jjurpose of having the tes- 

 tator's assets administered under the direction of the lord chancellor, 

 in the course of which suit the usual orders and decrees were made, 

 and by its issue assets ascertained and realized to the value of about 

 one hundred thousand pounds sterling; that Mr. Tlungerford, who 

 resided out of F^ngland, received, up to the time of his death, the div- 

 idends arising from the property, which consisted of stock in the pub- 

 lic funds, and that he died at Pisa, on the 5th of June, 1835, of full 

 age, though still young, without having been mai'ried, and, as far as 

 is 3^et known, without illegitimate child or children; that the assets of 

 the estate are now invested in the name of the accountant general 

 of the court of chancery, subject to the further disposition of the 

 court; that the will of Mr. Smithson having made the United States 

 the final legatee on Mr. Hungerf ord's death without child or children, 

 legitimate or illegitimate, the facts seem to have happened under 

 which their right will attach; but the solicitors continue to think that 

 a suit or legal proceedings of some nature, to Avhich the United States 

 must be a party, will have to be instituted in the court of chancery in» 

 order to make valid their right and enable them to get possession of 

 the fund, now in the hands of the court and subject to its judgment. 



The foregoing formed the main purport of their communication. 

 They added that the mother of Henr}^ James 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 

 ])een 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 woukl ])e 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 toward an end so 

 desirable my further reflections and measures will, for a while, ])e 

 directed, taking care that 1 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 indispensable. 



I have nothing further of any importance to connnunicate at this 

 juncture. I delivered to the minister of the United States, Mr. Steven- 

 son, the letter from the Acting Secretary of State of July 27, request- 

 ing his good offices in behalf of the pu])li(' o])ject with which I am 

 charged, should they be needed; and I can not close this letter with- 

 out adding that T have already received cooi^eration from him that has 



