SMITHSONIAN REQUEST. 13 



been useful, und which yives eurnest of the zeah^us iuterpo.sitioii of 

 his further aid, should it he required. 



1 hav^^ the honor to remain, with great respect, your obedient 

 servant, 



RiciiAKD Rush. 



Hon. John Forsyth, 



Secretary of State. 



THE CASE STATED BY MR. RUSH. 



Th(^ testator died at Genoa on the 2Tth da}^ of June, 1829, and on 

 the 4th of November in that year the will was proved in the prerog- 

 ative court of Canterl>ury by Mr. Charles Drummond, one of the 

 banking house of that tirm, mentioned in the will. 



Soon after his death, an amicable suit was instituted in the court of 

 chancery by Henr}^ James Hungerford, his nephew, against Mr. 

 (Charles Drunnnond, as executor, for the purpose of having his assets 

 administei'cd under the direction of that court. The usual orders and 

 decrees were made in the suit, and assets realized to the amount of 

 about one hundred thousand pounds sterling in value, which are now 

 invested in the jjublic funds, and are standing in the name of the 

 accountant-general of the court of chancery, to the credit of the 

 cause of Hungerford i\ Drummond, and applicable to the trusts of 

 the will. 



Mr. Hungerford, who resided out of England, received the income 

 arising from the testator's property up to the time of his death. This 

 took place on the 5th of June, 1835, at Pisa. 



He was never married, and died without leaving any illegitimate 

 children or child. 



The events have therefore happened, by which the right of the 

 United States of America is considered to have attached, as the 

 residuary or tinal legatee under this will. 



In July 1835, their charge d'affaires at this court imparted official 

 information to the Secretary of State, at Washington, of the preced- 

 ing facts, who laid them before the President, with a copy of the will 

 and other papers that were transmitted. 



The President not having authority under his general executive 

 powers to take an}^ steps for accepting the trust or obtaining the fund, 

 communicated the papers to Congress on the 17th of December of that 

 year, with a view to such measures as that body might deem necessary. 



Congress, acting on the ground that the bequest to the United 

 States was valid, and that it would not be incompatiljle with their 

 dignity to accept the fund as trustees, for an institution to be founded 

 at Washington, for a purpose so broad and benevolent, passed, on the 



