10 ANNUAL REPORT SMITHSONIAN INSTITUTION, 1937 



and hereby is directed to be inserted in the minute ))ook of the Regents im- 

 mediately following the minutes of this meeting, be, and hereby it is, approved, 

 and the Secretary of the Institution be, and hereby he is, authorized and di- 

 rected to execute such indenture, in triplicate, in the name and under the corpo- 

 rate seal of this Institution, and upon its due execution and by the other 

 parties thereto to make proper delivery thereof. 



The full text of the trust indenture is as follows: 



TRUST INDENTURE 



Dated the 24th day of June 1937, and intended to be effective upon that date, 

 although executed by the parties hereto on various other dates, by, between, and 

 among 



Andrew W. Mellon, Paul Mellon, Donald D. Shepard and David K. E. Bruce, 

 as trustees of the A. W. Mellon Educational and Charitable Trust, established 

 under and by virtue of a deed of trust of Andrew W. Mellon to said trustees, 

 dated December 30, 1930, parties of the first part, and hereinafter sometimes 

 referred to as the "Donor" ; 



Smithsonian Institution, an establishment created and existing under and by 

 virtue of an act of the Congress of the United States of America, approved 

 August 10, 1846, party of the second part, and hereinafter referred to as the 

 "Institution" ; and 



The trustees of the National Gallery of Art, constituted under and by virtue 

 of a Joint Resolution of the Congress of the United States, entitled "Joint 

 Resolution providing for the Construction and Maintenance of a National Gal- 

 lery of Art," approved March 24, 1937, parties of the third part, and hereinafter 

 sometimes referred to as the "Trustees." 



Whereas in December 1936, by correspondence between the President of the 

 United States of America and Andrew W. Mellon, the donor proposed to give a 

 collection of works of art for the benefit of the people of the United States of 

 America and to cause to be erected on public land a suitable building in which 

 to house and exhibit such collection, copies of such correspondence being here- 

 unto attached and made part hereof; and 



Whereas by said joint resolution of the Congress, there was established a 

 bureau in the Institution to be directed by the trustees, and provision was made 

 for the construction of said building, the acceptance of a collection of works of 

 art as a gift from the donor and the exhibition thereof and of other appropriate 

 works of art in said building, and the administration by the trustees of said 

 building, the site and contents thereof, and all matters and affairs that pertain 

 to the use thereof for the public benefit ; and 



Whereas it is now desired to consummate the gift of said building and said 

 collection of works of art and to specify more particularly the terms and con- 

 ditions upon which said gift is made by the donor and accepted by the 

 Institution and the trustees, and 



Wliereas by said correspondence, one of the conditions of the gift was that 

 the upkeep of the gallery building and other administrative expenses and costs 

 of operation and functioning of the gallery would be provided for annually in 

 appropriations to be made by Congress ; and by said joint resolution, the faith of 

 the United States was pledged that it would provide such funds as would be 

 necessary for the upkeep of the gallery and the administrative expenses and 

 costs of operation thereof, including the protection and care of works of art 

 acquired by the trustees; 



Now, THEBETOBE, THIS INDENTLT?E WITNESSETH : 



